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2019-09-24 Regular C I T Y C OUNCI L R EGU L A R M EET I NG AGENDA C ity Council Chamber s 33 E ast B roadway Avenue M er idian, I daho Tuesday, S eptember 24, 2019 at 6:00 P M Called to order at 6:08 PM 1. Roll-C all Attendance X A nne L ittle R oberts X J oe Borton X Ty P almer X Treg B ernt X Genesis Milam X L uke Cavener Left at 8:02pm X Mayor Tammy de Weerd 2. P ledge of Allegiance 3. Community Invocation by L arry Woodar d of Ten M ile C hr istian C hurch 4. Adoption of Agenda – Adopted as Amended (Item 10) 5. Announcements 6. F uture M eeting Topics - Public F orum (Up to 30 M inutes M aximum) Si gning up prior to the start of the meeting is required. This time is reserved for the public to address thei r elected offici al s regarding matters of general interest or concern of public matters and is not specific to an acti ve l and use/development application. By l aw, no decisions can be made on topics presented under this public comment section, other than the City Council may request that the topic be added to a future meeting agenda for a more detailed di scussion or action. The Mayor may also direct staff to further assist you in resolving the matter following the meeting. 7. Action I tems Public Heari ngs for Land Use Applications follow thi s process: Once the Public Hearing is opened, City staff will present their report. Following the report, the applicant is allowed up to 15 minutes to present their application. Members of the public are allowed up to 3 minutes each to address council regarding the application. If a person is representi ng a large group such as a Homeowner's Association, indicated by a show of hands, they may be allowed up to 10 minutes. Following all public testimony, the applicant is then allowed 10 additional minutes to respond to comments. Once the public hearing is closed, no additional testimony will be received. The City Council may move to conti nue the item for additional information or vote to approve or deny the item wi th or wi thout changes as presented. The Mayor is not a member of the City Council and pursuant to Idaho Code does not vote on public hearing items, unless to break a tie vote. A. Request to Relinquish L ands from M er idian P lanning Area for P roper ty at 1370 W. L ake Hazel Rd. – Request Denied B. P ublic Hearing for Victory C ommons M D A (H-2019-0091) by B VA D evelopment, LLC. L ocated at 130 E. Victory Rd. and 3030 S . M eridian Rd. – Removed from Agenda. Will be heard 10-15-19 1. R eque s t: Modif ied D evelopment Agreement for the purpose of removing the subject property from D A I nstrument #106155843 and to be placed into a new, separate development agreement. C. P ublic Hearing C ontinued fr om S eptember 3, 2019 for M illbr ae S ubdivision (H-2019-0066) by WHP acific, L ocated at 4888 and 4920 W. C herry L n. - Approved 1. R equest: A nnexation and Z oning of 8.79 Acres of L and with an R -8 Zoning District; and 2. R equest: A P reliminary P lat C onsisting of 41 B uilding L ots and 5 C ommon L ots on 8.79 A cres of L and D. P ublic Hearing for Hands F ree D riving O rdinance – Continued to 10/8/19 Work Session and Regular Meetings for Public Hearing 8. O rdinances A. F ir st Reading of O rdinance 19-1852: An O rdinance Adding M eridian City C ode S ection 7-1-14, P rohibiting t he Use of Handheld Electronic M obile D evices While O perating a Vehicle; Adopting a S avings Clause; and P r oviding an E ffective D ate. – Vacated from the agenda to be updated prior to 1 0-8-19 Public Hearing 9. F uture M eeting Topics 10. [Amended on to Agenda] E xecutive S ession per Idaho S tate C ode 74-206 (1)(d) To consider recor ds that ar e exempt from disclosure as pr ovided in chapter 1, title 74, I daho C ode In to Executive Session: 8:38pm Out of Executive Session: 8:51pm Meeting Adjourned at 8:51pm Meridian City Council September 24, 2019. A Meeting of the Meridian City Council was called to order at 6:08 p.m., Tuesday, September 24, 2019, by Mayor Tammy de Weerd. Members Present: Tammy de Weerd, Joe Borton, Luke Cavener, Genesis Milam, Ty Palmer, Anne Little Roberts and Treg Bernt. Also Present: Chris Johnson, Bill Nary, Caleb Hood, Kevin Holmes, Warren Stewart, Jeff Lavey, Jeff Brown, Joe Bongiorno. Item 1: Roll-call Attendance: Roll call. X__ Anne Little Roberts X _ _Joe Borton X__ Ty Palmer X__ Treg Bernt __X___Genesis Milam __X___Lucas Cavener __X__ Mayor Tammy de Weerd De Weerd: I will go ahead and start our regular City Council meeting. Thank you for the additional time. We apologize for the late start. For the record it is Tuesday, September 24th. It's eight minutes after 6:00. We will start with roll call attendance, Mr. Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Larry Woodard of Ten Mile Christian Church De Weerd: Item 3 is our community invocation. We are excited to have Larry Woodard here with Ten Mile Christian Church. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you , Larry, for being here. Woodard: Well, it's my pleasure. I think it's good that we start out with prayer. I know we are going to go through a change here in this -- this fall. I hope the practice continues. So, let's pray. Our Dear Heavenly Father, I ask tonight that you continue to give each of this Council wisdom and guidance as they continue leading t his city forward in the next few years. Give them good health, rest, wisdom as they make decisions. As we often say of groups like this council, they have got a lot on their plates. We continue to be amazed at the growth of this valley. I was not surpr ised to hear on television that most of the people that are moving here are from California. Many are retired, but the number of new students at our schools this fall means there is Meridian City Council Meeting Agenda October 8, 2019 – Page 4 of 253 Meridian City Council September 24, 2019 Page 2 of 49 a lot of young families also. I pray that we can get on top of our enrollment problems with new schools and expanded facilities in the near future. We continue to thank you for our police, our firemen and our emergency personnel who help make our city safe and worry free. Our road system is being taxed to the maximum and we ask that our driving patterns keep down the number of accidents each week. Tonight I prayed for the rank and file of the city employees who help keep our city running smoothly. They often are overlooked, but the clerks, the planners and the regular employees are so essential to our growth and wellbeing. So, tonight we thank you, God, for all the blessings that you give us, in Jesus' name, amen. Item 4: Adoption of Agenda De Weerd: Thank you for joining. And Betty, too. Okay. Item 4 is adoption of the agenda. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: We have -- we just finished up our work session and we ran a little long, so one of the items in the work session we anticipated covering then we didn't cover, so for that reason we are going to add it to the end as a new Item 10 to this agenda. It will be an Executive Session under State Code 74-206(1)(d) as in dog. And with that amendment to the agenda I move it be adopted. Cavener: Second. De Weerd: I have a motion and a second. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Sorry. Mr. Borton, I just wanted to clarify. We are doing (1)(c) and (1)(d) or just (1)(d) as in David? Borton: (1)(d) as in David. Cavener: Thank you. De Weerd: We lost the staff on (c). Cavener: Okay. Thank you. De Weerd: Okay. I have a motion and a second to approve the agenda as amended. All those in favor say aye. All ayes. Meridian City Council Meeting Agenda October 8, 2019 – Page 5 of 253 Meridian City Council September 24, 2019 Page 3 of 49 MOTION CARRIED: ALL AYES. Item 5: Announcements De Weerd: Under Item 5, Announcement s. We have a finer living series. This is for our mature community, which means over 50. They keep lowering it so we feel better about being called seniors. This finer living series kicks off the first of three with crisis avoidance. You don't have to be a senior to come -- come to this. You can also come and learn how to support your parents or grandparents. T his is on Friday, September 27th, from 10:00 to noon here at City Hall. We still have our main street market going on through the end of the month. This Saturday from 9:00 to 12:00. That's all I had. Any -- any further announcements? Item 6: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) De Weerd: Okay. Item 6, Future Meeting Topics. Mr. Clerk. Johnson: Madam Mayor, there were no sign-ins to the topic. Item 7: Action Items A. Request to Relinquish Lands from Meridian Planning Area for Property at 1370 W. Lake Hazel Rd. De Weerd: Okay. Thank you. Item 7 under Action Items. 7-A is an item for Council's consideration that we will hear from Mr. Hood and Mr. Stewart. Hood: Thank you, Madam Mayor, Members of the Council. On September 3rd, Carolyn Vaught, a real estate agent representing the property owner at 1370 West Lake Hazel Road, asked the Council to prepare a letter to the city of Kuna relinquishing subject lands from our area of impact. It's my understanding that that owner is trying to sell the property and is requesting that the land be, again, removed from Meridian's planning area. The subject property is 19.5 acres , located near the northeast corner of Lake Hazel and Linder. It's currently planned on -- in Meridian's -- on Meridian's future land use map, part of our Comprehensive Plan for rural estate residential. That's this lighter green color that you see on the map. What you don't see on this map is -- the subdivisions show up, the lot and blocks in subdivisions are there. There are three parcels that make up this 40 acre block here and I will give a little bit more on that in a second. But, again, it's medium density -- or, excuse me, rural estate residential right now on -- on the city's future land use map. As part of developing the new Comprehensive Plan -- so, I'm going to -- I'm going to switch to a new map and this map is not adopted yet. The staff has worked pretty diligently with the city of Kuna to define that planning boundary -- area of city impact boundary that you see before you. Again, this isn't official yet, but it is something that we have been talking with Kuna or working with them on where services should be provided within each of the jurisdictions and that's what you see on this map and the subject property is just off the intersection of Meridian City Council Meeting Agenda October 8, 2019 – Page 6 of 253 Meridian City Council September 24, 2019 Page 4 of 49 Lake Hazel and Linder. So, it's 19 -- 19 and a half acres right here. Again, we spent quite a bit of time negotiating that new line and the infrastructure that goes along with it. I do appreciate that Kuna has sent the applicant our direction . That this gentleman's agreement that the Mayor referred to during the work session before -- the process that we have agreed to with Kuna before they process anything or accept any applications, come and petition the City of Meridian to relinquish property. So, I do appreciate that. There are other parcels, though, again, that are impacted here with this case. There is a five acre parcel that is right on the corner of the intersection, another 19 and a half acre parcel, that's just located to the north -- excuse me -- a 15 acre parcel that's located in the north, to make up about 40 that you see here. The designation has also changed -- or potentially changing with the adoption in the new future land use map to medium high density residential. For these reasons -- for the planning reasons that have gone into service -- providing planning for services in this area, planning staff is not favorable of this request and thinks that we should let this plan play out a little bit before we modify the line any further. Mr. Stewart does have some things to add to that. Stewart: Yeah. So, Madam Mayor, Members of the Council, maybe to give you a little bit of insight on some -- from the utility standpoint, sewer and water. Our current master plan does show service to this area via the extension of sewer trunk lines that will extend from the -- the facilities that we just built -- we just made a large commitment and built the sewer line down Meridian Road and across that road just south of Amity there. That line will eventually be extended a good portion of the way towards this property and this property will -- or this area, this 40 acres area will, then, have a lift station that will pump to that. So, we do already have infrastructure, which we have built, it's in place, which contemplated service to this area and it was sized to accommodate that. So, there have been existing investments that have been made. Caleb already touched on this, but we -- we have worked for years -- actually since the time I have been here -- ten years that I have been here to negotiate a boundary with the city of Kuna that we could both sort of agree to adhere to and this is significant, because we have to make investments in this infrastructure. If we change that after we have already started to build some of this infrastructure, we essentially waste that investment or it's utilized investment that we could have used that money elsewhere. So, that is kind of in play here. We have already made some of those investments and if we -- if we don't adhere to some of these boundaries, then, there is a potential that we have, e ssentially, spent money that we didn't need to. And, then, finally, I think it's important to keep in mind that if we allow this particular piece of property to be annexed into Kuna, there are these two parcels that Caleb alluded to that are immediately to the west. It would, essentially, block us from the ability to serve those. So, if we let this one go from a utility perspective, we, essentially, let the whole 40 go, because we wouldn't be able to effectively get sewer and water through this property over to serve that isolated area. So, with that in mind we are sort of in the same boat as Caleb. It seems premature to -- to let this particular property out of the City of Meridian, but I wanted to make you aware of those -- those issues. And I will stand for questions. De Weerd: Thank. Council, you have the request in front of you and -- and the responses from staff. Any questions for the requestor or our staff members? Meridian City Council Meeting Agenda October 8, 2019 – Page 7 of 253 Meridian City Council September 24, 2019 Page 5 of 49 Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I know this isn't a public hearing, but if the requester has any information that they felt pertinent to share I'm open to hear that. De Weerd: Typically if you need information that's outside the letter it's not something that we have been advised to do, but -- Nary: Madam Mayor, I think she's already presented the information in the letter, because there is a question or some other clarification. That's certainly within your discretion. De Weerd: Okay. That is why I asked if Council had any additional information you needed. Cavener: I guess, Madam Mayor, I would -- I would ask them -- the requester if they had any feedback or comments related to the information that was shared. De Weerd: Okay. I can invite you up to the podium if you will, please, tell us your name and address. Vaught: Carolyn Vaught and I live here in Meridian. 820 3rd Street. De Weerd: Thank you. Vaught: So, I have Alice Eshelman, the owner of the property, here with me tonight. When I first came to Meridian to talk about the zoning and what it could be sold to, I was advised to go to Kuna, because I was told this is going to be annexed into Kuna eventually. So, I went to Kuna to talk to them and they said I had to get a letter from Meridian. In the meantime I have been talking to the Wilsons to the west of th em. So, I had never talked to Caleb I don't think, but usually it's Kevin I have been talking to, but the Wilsons are also interested in annexing and I know that Harrietts and Tidwells and Jarvises, all the way around this property, have annexed into Kuna . So, that's how we got started down this path and we are just trying to sell Mrs. Eshelman's property, so she can retire, because she is a barber and she supports her husband in a nursing home on her barber income, because we haven't been able to sell th is property, because we don't have the zoning cleared up. So, that's how this all started and I'm just looking for some direction from the City of Meridian now that I was told to go to Kuna and I did, I was told to come back, so somebody point me in the right direction and I will go there. Bernt: Madam Mayor? I have one question. You mentioned that you had a question about the zoning. Are you -- I didn't realize we were talking about the zoning. Meridian City Council Meeting Agenda October 8, 2019 – Page 8 of 253 Meridian City Council September 24, 2019 Page 6 of 49 Vaughn: It was currently zoned RUT. So, when I went to list the property I asked, you know, what is the future plan with this and when I went to the city they showed me where it was eventually going to be annexed into Kuna and that there were no utilities here. So, this is a big challenge is the utilities would have to come from Kuna, because if it comes from Meridian it's quite a distance, so it really hurts the value of this property for her to sell it this way. So, we were advised to go to Kuna, because the utilities are literally across the street. So, we are just trying to figure it out. To be honest with you, she wants to get this property sold and it made the most sense that it was annexed, but I understand what I'm hearing about the utilities . I get that. But I also know the Wilsons are interested in selling to the west. They are the five acre parcel. Mrs. Eshelman actually sold off all of this land. She's lived there her whole life and when they had trouble during the farming crisis, she ended up selling some land, so she sold to Citadel and the property that the Wilsons own. So, she owned that entire 40 acre parcel at one point. So, we have been in communication now. Citadel -- I have talked to them once, but they haven't gotten back with me, but the Wilsons are interested in annexing and so -- and, then, I was told by Kuna that that property was designated as commercial because of the high density that is coming in in that area with the high school and about 2,500 homes. There is about 2,500 home sites that have been approved in Kuna that are actually north of this property. So, we are just trying to figure out what's the best use -- highest and best use. So, that's -- that's my story. De Weerd: Thank you. Well, we are sorry that you're being sent here and there and -- and all over. We have been going through this Comprehensive Plan update process and -- and as Mr. Stewart mentioned, we have invested in sewering the areas that we have in our plan and have already furnished dollars to -- Vaughn: Sure. De Weerd: -- do so and those are dollars that would be lost to our existing ratepayers if they can't be recouped, so -- and -- and our staff takes that responsibility very serious. Council, questions? Comments? Thank you for providing us more information. Vaughn: Thank you. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I do have a question for staff. More to the -- how did this boundary get drawn the way that it is and how this parcel -- it seems like it -- if you put a straight line there it would make a lot more sense, so it almost doesn't make sense looking at it like this. I'm not sure how that 40 acres got included into our area of impact. So, our area of impact has shrunk from where it was before, but there are some really weird cutouts and so if you can give me some history on that? Meridian City Council Meeting Agenda October 8, 2019 – Page 9 of 253 Meridian City Council September 24, 2019 Page 7 of 49 Hood: Madam Mayor, Council Woman Milam, part of that has to do with what Kuna has already annexed. So, a good chunk of the -- the part that we are relinquishing has already been annexed into this Kuna's corporate boundaries. Some of that has to do with the serviceability and the lift station and keeping a presence on this intersection as well. So, there are a couple of different things in play there. But, again, the jut out there, a little bit has to do with the land north of this 40 anyway, some of that already going to Kuna and the serviceability of that to Meridian in the future not being very feasible with what they have already annexed in the general vicinity. I will just point out a couple of other things that are related. You know, again, if you write a letter I would say write the letter to let the whole 40 go, because we can't service the five on the corner or the other 15 that's north of it and don't be surprised when they come in and they come in and they come in and they come in and they come in. So, basically, everybody below here is on that same lift station and it really is a timing issue. You can develop this in Kuna sooner than you could in Meridian, but services are today right about here in Meridian as far as -- as far as sewer goes. That's the big Meridian Road project that we did and it -- yeah. And right about in this location. But that is still quite a distance to get to this subject property. So, again, if you take action today to relinquish it, it probably makes sense to do all of this and, then, again, don't be surprised if you start to see more and more, because, yeah, you do have a lot of those -- the units that were -- that were being talked about are built -- being built right here and the new high school just south of there. So, this area certainly is developing in Kuna. De Weerd: And I guess the next question would be what -- what is the cost, because it will not be reimbursed -- that was figured into the cost model and that's -- Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: So, say we say, no, we are not going to relinquish this property, but Kuna annexes it anyway. Is that -- do we just -- are we just back to where we were six years ago and, then, it's just a war on property? De Weerd: I think staff has worked really hard. We have -- as Warren mentioned, we have been at the table for ten years trying to come to some agreement. It's similar to the application that came up in front of Council that was continued last week and Mr. Borton's statement -- this application is dead to me if the city of Boise doesn't want to relinquish it from their area of impact. I think those are the values of having those agreements between cities and -- and to have an understanding if there is a cost implication what that means, because we have to make a commitment to serve these areas when we adopted our comprehensive -- or our area of impact. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Meridian City Council Meeting Agenda October 8, 2019 – Page 10 of 253 Meridian City Council September 24, 2019 Page 8 of 49 Palmer: Madam Mayor. Warren, I apologize if you did say this, but is -- is the -- the cost investment the only factor here or is this one of those situations where because of what we had planned and built for that there would be issues with it not actually using the capacity that it was built for or would it just be over capacity? De Weerd: Well, it's cost and flow models I -- Stewart: Yeah. So, we have existing trunk sewer lines that were sized to accommodate all the property within a particular sewer shed. That property includes -- in this particular sewer shed that includes this particular parcel or this 40. So, if you take that out, essentially, you will -- there will be a situation where some of those pipes will have been oversized or they will be oversized for what they really n eeded, so we will have spent money in pipes that are bigger than they needed to be in order to serve this parcel and it also affects the hydraulics. We keep those pipe sizes the size that they are , so the hydraulics work well. We can clean those sewer lines and everything else and you do run the risk of having a situation where hydraulically they don't function as efficiently and effectively as they would have if they had had the flow that they were intended to have if we had built it according to the plan, so maybe that answers your question. I hope. Palmer: Madam Mayor? Yeah, perfectly answered my question. That -- that's the -- the -- as much of a stickler as I am on -- on finances and expenses over the last four years, there is a certain level of -- of I guess willingness for me to -- to be able to understand that circumstances like this may happen, which that makes sense. What pulled me out of being willing to make that decision is when we start getting to where there is potential function issues because of doing that, because, then, it's not just an up-front expense, it's a -- this is something we are going to have to deal with forever and that pulls me out of being willing to -- to relinquish it. De Weerd: Any other questions? Okay. Council, I will ask for direction regarding this request. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Madam Mayor, the -- on a micro level what Carolyn is describing is -- is certainly sympathetic with the long-term planning process and infrastructure that's been described, it seems to outweigh the -- the individual consideration as outweighed by the metrics our staff has described in the long-term investment and functional -- functionality of the system. So, for those reasons to this request I move that we deny the request to relinquish lands. Cavener: Second. De Weerd: I have a motion and a second. Any discussion? Okay. Mr. Clerk, will you call roll. Meridian City Council Meeting Agenda October 8, 2019 – Page 11 of 253 Meridian City Council September 24, 2019 Page 9 of 49 Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Public Hearing for Victory Commons M DA (H-2019-0091) by BVA Development, LLC. Located at 130 E. Victory Rd. and 3030 S. Meridian Rd. 1. Request: Modified Development Agreement for the purpose of removing the subject property from DA Instrument # 106155843 and to be placed into a new, separate development agreement De Weerd: Item 7-B for public hearing H-2019-0091. This needs to be continued, because we did not have full noticing of this public hearing. We did not do the mailings and so the applicant has reposted and the clerk has noticed and renoticed this public hearing and that's set for October 15th; right? Borton: That is correct. De Weerd: So, this is isn't even an item we can hear. So, I don't open this public hearing, because it doesn't exist. Okay. So, I don't need any action to remove it from the agenda. Okay. Thank you. If anyone is here for this particular item, Item 7 -B, our apologies if you saw it on the city -- city's website, but it has not been noticed appropriately, so we cannot hear it. C. Public Hearing Continued from September 3, 2019 for Millbrae Subdivision (H-2019-0066) by WHPacific, Located at 4888 and 4920 W. Cherry Ln. 1. Request: Annexation and Zoning of 8. 79 Acres of Land with an R-8 Zoning District; and 2. Request: A Preliminary Plat Consisting of 41 Building Lots and 5 Common Lots on 8.79 Acres of Land De Weerd: So, Item 7-C is a public hearing continued from September 3rd on H-2019- 0066. I will open this public hearing with staff comments. And before, Kevin, you provide your staff comments, is there anyone here new for the first time ? Okay. I will just briefly discuss -- or give you an overview of our public hearing process. So , we have staff present the application and their comments . We will, then, ask the applicant to come forward for any additional comments they have up to 15 minutes. After their presentation we open the public comment period. You have three minutes to provide Meridian City Council Meeting Agenda October 8, 2019 – Page 12 of 253 Meridian City Council September 24, 2019 Page 10 of 49 your testimony and we do have a timer on the podium . When you come up I will ask you your name and address and, then, ask for your remarks. At the end of the public comment, the applicant will come forward with any summary remarks and answer any questions that came up during public testimony. The n Council has an opportunity to ask staff, applicant or any of those provided testimony questions. I will note that there is extensive public records that are kept on each of our public hearings that incorporate Planning and Zoning Commission minutes, staff report, agency comments, any citizen letters or comments as well. So, with that said I will turn this over to Kevin. Holmes: Thank you, Madam Mayor, Members of Council. As you mentioned, this is the Milbrae Subdivision annexation and preliminary plat application before you continued from September 3rd due to a tie vote, so it's good to see you here tonight, Madam Mayor. Just a quick recap. This site consists of 8.79 acres of land, currently zoned RUT, located at the northwest corner of West Cherry Lane and North Black Cat Road. The Comprehensive Plan future land use map designation is currently light density residential. The applicant is requesting a preliminary plat of 41 single family residential building lots and five building lots for the development of detached homes. A gross density of 4.7 dwelling units per acre. This is slightly higher than the three dwelling units per acre standard associated with the low density FLUM designation this property currently has. The applicant is requesting a step up in density to a medium dense residential designation. The Comprehensive Plan does allow for step ups in density and the applicant's requests meet the required criteria . In addition, through the ongoing Comprehensive Plan update, this property is designated to being changed to a medium dense residential designation, as you can see here with the three maps in front of you. Since the proposed density does fit with the surrounding neighborhood densities and the applicant's request is in line with this potential future change, staff is comfortable with the applicant's step up request. At the direction of the Commission the applicant has worked with the neighbor to the west to relocate the stub street shown going to their property, so that explains the two differences here you see with these two plat maps. And in response to conditions listed in the staff report, the applicant has provided a revised open space calculation showing 11.9 percent open space. Amenities in the subdivision include a children's play structure in the middle area there. Multi -use pathways along both Black Cat and Cherry Lane and a pinic shelter and seating areas throughout the development. The applicant has submitted conceptual elevations shown here. The Commission recommended approval. Just to recap some of the key issues that were brought up in the September 3rd Council meeting, there was some concern raised over the requested step up in density and there was concern over the location of the access point on North Black Cat Road. There is one back here. And its proximity to the major intersection of Cherry and Black Cat and, then, there is also some discussion about a potential left-hand turn lane on Black Cat Road. Council did direct the applicant to meet with ACHD to see if there was any way to resolve these issues. The applicant has met with ACHD and the correspondence has been added to the public record, so, hopefully, you have had a chance to review that. I'm sure they will also be explaining how that discussion went. There is a couple outstanding issues for Council. The first is a -- the requested step up in the future land use map density and the second is just some clean-up items due to having to relocate that stub street -- that basically we need Meridian City Council Meeting Agenda October 8, 2019 – Page 13 of 253 Meridian City Council September 24, 2019 Page 11 of 49 to match up the plat with the landscape plan. So, typical housekeeping items there. And with that staff will stand for any questions. De Weerd: Thank you, Kevin. Council, any questions? Okay. Would the applicant like to comment. Good evening. If you will, please, state your name and address for the record. Suggs: Good evening, Council and Mayor. Thanks for being here tonight. My name is Jane Suggs. WH Pacific. 2141 West Airport Way and I'm here representing Milbrae Subdivision. I have got a few slides to show. Kevin did a really good job of giving an overview and I really appreciate that. So, I'm not really going to start off at the very beginning, since most of you were here. I will just remind everyone that this is, basically, an in-fill development. One of the Council Members was concerned about moving too far beyond our city limits, but you will see in the green that that's the city limits that currently exists right now. Here we go. This is, basically, showing the site. This is just a reminder, too, that you have annexed and rezoned the property to the west, which is the Burlingame Subdivision. If I can show you this right here. That's the Burlingame that was annexed with a step up to R-8. Also the Meridian Missionary Church that was rezoned south of us to R-8 and above us are two churches with L-O zoning designations. As Kevin mentioned, the soon to be approved Comprehensive Plan shows the area as medium density and so we are very respectfully requesting that you rezone this to R-8 when you annex this property. Again, almost like an in-fill property. You will recall and -- from the previous hearing that Mr. McEwen asked us to revise the stub street. Kevin just showed you that. We were happy to meet with Mr. McEwen or talk to him through e-mail and make that change, so that it stubs to a location that he says is most appropriate for the future use of his property. And at the last Council meeting Mr. McEwen raised some concerns with traffic and Council asked us to meet -- and we did meet with -- pretty immediately, right the next week we met with the ACHD representatives. We talked about the turn lane on Black Cat. The location of White Birch Street, which is the entry street off a Black Cat. There was some concern that that location required a policy adjustment. Typically entry level s on local streets are about 600 feet from a major intersection like Black Cat and Cherry Lane. However, we don't have 600 feet of frontage along Black Cat. So, the policy of ACHD along this is a staff level. We didn't have to go to the Commission, they were able to give us the location that we have chosen for our preliminary plat and, of course, there was some concern also about the level of service of Black Cat and Cherry Lane and the use of the developer's cooperative, which has been used for some larger projects in the area and I hope you have read those communications that we have had with ACHD. I think it's very clear that there is not a need for a turn lane. We actually had a traffic engineer do an analysis for a turn lane, both a left turn and a right turn lane in that area. That analysis shows that there is not a need for a turn lane. The access location of White Birch off of Black Cat is appropriate and was approved by city -- by ACHD. There is not a need for intersection improvements at Black Cat and Cherry Lane , as the level of service, even with the future development around there, will be fine and ACHD responded that the developer's cooperative is not really the appropriate vehicle for doing any kind of improvements if there was a need for improvements. So , I think we Meridian City Council Meeting Agenda October 8, 2019 – Page 14 of 253 Meridian City Council September 24, 2019 Page 12 of 49 have addressed the things that the City Council had asked us to do, which is to go back to ACHD and ask those questions that were on everyone's mind at the last hearing. Again, we do respectfully request that you approve our subdivision, our annexation, and our rezone to R-8 and I can stand for further questions if there are more questions about our meeting with ACHD or some of the design of our project. The one thing I did want to mention is in our open space calculation, which seems to be just over the ten percent, we did not include the lot that's along the north boundary. That is a lot for an irrigation pond and you have some requirements for irrigation ponds plans to be in lots that are much larger, so we took that out of our calculation of open space. So, it will be open space. There will be a fence around it as requested by the P&Z and we will have a little bench out front, so if you want to enjoy that landscape area that will be not part of the pond. So, that's why there is a little more open space than actually the numbers tell you. Again, I will stand for any questions you might have. De Weerd: Okay. Thank you. Council, any questions? Thank you. Suggs: Thank you. De Weerd: Okay. Mr. Clerk, any sign-ups for this public comment? Johnson: Madam Mayor, there are. There are ten individuals signed in regarding this topic. Three wish to testify. The complete list is available by clicking the sign -in dashboard on your desktops and all names will be added to the record of the meeting . The signed in is William McEwen. De Weerd: Good evening. Thank you for joining us. McEwen: Thank you, Madam Mayor. Thank you, City Council. My name is William McEwen. I'm at 5120 West Cherry Lane. And I don't know why I took those glasses off, because I can't see this. So, we understand that there will be no left turn lane provided for the ingress and egress for the Milbrae -- Milbrae development entrance. I think this is just unfortunate for everyone involved. I don't know how much it co sts to put 200 feet of one lane of blacktop in, but I can't imagine it being more than 15,000 dollars and the black top of this -- not putting it in there at this time I think is irresponsible and I think it's reckless. My beliefs are backed up by the facts and statistics that I provided the city -- City Council previously and they are in your minutes. You have an option of voting any way you want to on this project and that's why you're elected. I have a property to protect and if you decide to approve this project as it stands, I will not open up the street stub laid out by the Milbrae plan, as residents will use my property and drive through in order to make up for the inadequacies so blatantly pointed out to you . At such time as the ACHD sees fit to put in a left turn lane, which based on my conversations with ACHD will be more than ten years from now, I will consider my options at that time. Thank you very much for your time. De Weerd: Thank you. Meridian City Council Meeting Agenda October 8, 2019 – Page 15 of 253 Meridian City Council September 24, 2019 Page 13 of 49 Bernt: Madam Mayor? De Weerd: Sir. McEwen: Yes. De Weerd: Mr. Bernt. Bernt: Thank you, Mr. McEwen. I got a question for you. You mentioned that you're not going to be opening up the stub street. Are you talking about with development or just -- what were you -- what were you -- McEwen: With any kind of development on the property. Bernt: So, I guess are -- are you concerned that people would be driving in your property without it being developed? I guess I'm trying to understand -- McEwen: They can't. They will put in a stub. They won't be able to drive through. But I'm not going to develop anything on my property and hooking into that subdivision without a turn lane. Bernt: No, I -- so, what would be your concern? Would people -- McEwen: I think that my concern is -- is that they won't be able to make a left turn lane and they will use access through the other development that was -- that was approved by Council last year. Drive through there. Or they will drive through my driveway, but -- because they can't make a left turn on -- Bernt: Do you honestly believe that? McEwen: Yeah, I do, because -- Bernt: You think you -- I don't mean to interrupt. You honestly believe that people are going to be driving on your property without it being developed? McEwen: No. No. No. No. No. No. I didn't say that at all. What I said is if I develop my property and hook up the streets, they will use those streets to get home, so that they don't have to try and turn left into the subdivision. No, I'm not crazy. Just checking. Bernt: I just sort of -- I just want to just clarify that that's what you were talking about, because -- McEwen: Yeah. That -- Bernt: I thought -- I thought there was a hair bit of craziness there. Meridian City Council Meeting Agenda October 8, 2019 – Page 16 of 253 Meridian City Council September 24, 2019 Page 14 of 49 McEwen: There you go. No, it's not there. Bernt: Okay. McEwen: Thank you, Council. De Weerd: Thank you. Johnson: Next is Bradley Law. De Weerd: Good evening. Thank you for joining us. If you will, please, state your name and address for the record. Law: My name is Bradley Law. My address is 4888 West Cherry Lane here in Meridian. De Weerd: Can you move the microphone a little closer. Thank you. Law: Okay. It's actually the property that's the closest northwest -- right on the corner. A five acre parcel. Along with our neighbors. My primary concern in coming up here is to give you guys a face with this project. This is not just a subdivision , it's not just developers trying to do things, it's me, it's my disabled mother. It was my fiancé trying to move on with our lives. My parents bought this property back 28 years ago . Our neighbor has been there for over 30. We have watched the sprawl of Meridian literally surround us. As Jane said, you have approved R-8s just south of us. You have approved R-8 a few hundred feet west of us. Where is the consistency? I mean we brought up concerns about the step up. It's already being shown to go that way in your next Comprehensive Plan, yet we are still concerned about the step up. I don't get that. We are looking for the best and highest use for our property and this appears to be, really, our only option. The previous speaker has brought up a number of issues and now it seems as if we -- we had Jane and everyone involved spend extra money to change the stub road and he seems to be trying to throw it in our face of, oh, I'm not going to use it now, even though you spent the time to do it, because he's not getting his way. Again, the concerns that have been brought up -- there is no other options to do with the property. The road can only go where it goes. That's what ACHD says. This has been approved by the fire department. It 's been approved by -- you know, as far as any safety concerns -- there is going to be a pathway along the outside edge of it with the sidewalk. That's going to be much safer than it is currently. If anything that on a safety concern, we are elevating the safety of the property from where it is currently and, you know, we had farmland all the way around us when we moved there. Now we have subdivisions on two sides, two churches behind us, a church on the other side. A 19 acre subdivision going in. We are just looking for the consistency. Let's keep everything the same and just stop the dragging on. Our life is on hold. We are literally paused without this decision being made here we don't know what our next step for our life is and that's what we are trying to get through. So, I just want to -- at bare minimum put a face to the project for you, so you can remember that. Thank you. Meridian City Council Meeting Agenda October 8, 2019 – Page 17 of 253 Meridian City Council September 24, 2019 Page 15 of 49 De Weerd: Thank you. Johnson: Madam Mayor, the final sign-in is April Peterson. De Weerd: Good evening. If you will, please, state your name and address for the record. Peterson: My name is April Peterson. 1101 West River Street. De Weerd: Thank you. Peterson: Good evening, Mayor de Weerd and Council Members. It's a little intimidating, all these eyeballs looking at me. Oh, gosh. Brad, one of the homeowners, did a fantastic job of explaining to you not only the urgency, but the magnitude of the situation for both him, his disabled mother, and also Kent and Nancy Bleak, who have the other five acre parcel. So, the Law family has a five acre parcel. The Bleak family has a five acre parcel. They border each other. About five acres it should say. And so this development is about nine'ish acres. As it's been mentioned, you know, they really are surrounded by medium and high density already on every single side , north, east, south and west, and as we all know Meridian has grown faster than any of us expected, you know, and so when, you know, the future comp plan, you know, isn't maybe up to date, we all know why. You know, Meridian is such a great place to live. Everyone wants to live here and so here you had, you know, two amazing residents that have both been here for 30 years. Taxpayers. They moved into this area, like Brad said, to enjoy the rural life and it's become a city around them and so my husband and I represent them on the real estate side and we spend many hours trying to give them the highest and best price and the highest and best use for their land , which actually is a developer over putting our land on MLS. So, you know, they raised their families here, you know, their kids are grown and gone now. Grandkids. And they are ready for the next season of life and now they have an opportunity to have a very handsome price to enjoy retirement. You know, both of them have already -- Mr. Bleak has already put money down to build a home. It's already been built . It's in process in rural Nampa and the Law family is already purchasing a property up in northern Idaho in another rural area. So, they are trying to get out and the developer is saying, hey, everybody wants to move to Meridian. You know, it's an amazing city. We could have 41 plus new residents, taxpayers, enjoying the City of Meridian. There hasn't been any opposition. You know, even Mr. McEwen, while I absolutely respect his concerns for safety and, you know, my heart goes out to him only moving into the area three years ago and now this big development going up next door, I would be a little upset, too, and concerned. However, you know, progress -- Meridian is growing. So, to end -- I'm sorry, I'm going over on time. Recently I was at a -- an event with you actually, Mayor and Mr. Simison, and one of the number one questions that the residents of Meridian were asking Mr. Simison is, number one, how do we get more roads and wider roads? And, number two, how can we have more affordable housing in the City of Meridian. There isn't any. De Weerd: Can you summarize? Meridian City Council Meeting Agenda October 8, 2019 – Page 18 of 253 Meridian City Council September 24, 2019 Page 16 of 49 Peterson: Yes. De Weerd: Thank you. Peterson: So, in conclusion, not only do I believe this is the best use for these two long- term residents of Meridian, but I also believe it's the best use for the new incoming residents, you know, that -- we are greatly lacking. So, I just would ask respectfully that you create a win-win for everyone, you know, both these two families, but also new upcoming families that want to enjoy this amazing town. De Weerd: Thank you. Those are those that signed up to testify. Is there anyone here -- yes. Good evening. LaFever: Good evening. My name is Denise LaFever. 6706 North Salvia Way, Meridian, Idaho. Anyhow, I do have -- sorry. I do have some concerns about this. First starting with the application where it was instructed that if planning to request a step up in density do so ASAP. There has been talks about step ups, there is talks about raising the bar in our community and this application comes in at 11.5 with a fence around an open -- open area. So, you know, if they do want to come in just ask them to raise the bar. As far as going back through -- well, we are going back through and we are talking about the step up, the justification for it is really smaller lot -- smaller lot sizes, but they have referenced in here Burlingame Subdivision. I believe that was already annexed as Incline Village and it was annexed as an R-4. Once again, as she stated, across the street is an R-4 subdivision, a church, a church and it was originally annexed for Burlingame as an R-4, which they later rezoned. In here, in the application, when we go back and look at the staff report, we have a school right now that has a capacity of 650. We have enrolled students of 660. We haven't even counted the Burlingame into this and already we are over capacity in the elementary school. Not to mention the road . We are going to end up having a regional cost goes on -- on that that's using that road, a hospital, and we are already bypassing Ten Mile to Black Cat because of how busy it is. In addition to that, there is a reference in here of a Fuller Park, but there is a break in the sidewalk on Black Cat to use the Ten Mile Creek Park. So, it's not really safe. But the one that I object to in here in the staff report is the fact that we come back in here and we reference a comprehensive plan that is being changed. There -- I sit on the steering committee, as you guys know, and this has not been approved. As a matter of fact, there are objections by residents that sit on that committee to the FLUM, as well as some very vocal objections to the deterioration of open space , as well as the identity of neighborhoods. So, respectfully, if you do move this forward, I respectfully ask that you ask them to come and raise the bar and a tot lot and a fence around an open -- an irrigation holding pond, a required sidewalk, and we where is the drainage at that's in there. We just want them to up the game, to come back in and have neighborhoods that will last into our future and this doesn't meet the need of affordable housing. This -- this is right in there at your expensive housing. We are not talking housing that's 250 that are our first time buyers can afford. So, I'm not opposed to it. I just really want you to put some thought into it and if you do want to approve it, ask them to up their game Meridian City Council Meeting Agenda October 8, 2019 – Page 19 of 253 Meridian City Council September 24, 2019 Page 17 of 49 and, you know what, a turning lane is not a bad idea given everything that has happened. It's going to backup traffic to turn into that subdivision. De Weerd: Thank you, Denise. LaFever: So, that's it. De Weerd: Any questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Denise, can you articulate an example of what would constitute stepping up the game in a project like this? What specific direction would you give that would improve and satisfy that concern? LaFever: More open space. I really think you're -- you're really building these for families. You have got your park that's down there that's not connected yet. One of the issues that I have that I see when you're out driving around is there is a need for bigger lot sizes, because people can't even put their trampolines in their backyards. You know those big trampolines. I seen them kind of caddywonker, you know, and there is a need. I -- I especially enjoy having my children play in my backyard . You know, I'm concerned about that shrinking. Borton: Madam Mayor? Is open space -- any other example, other than additional open space that you think satisfies that concern? LaFever: Well, the turning lane would be helpful, because you're going to backup traffic. But one of the things -- one of the big concerns I have is making sure that we don't continue to take away our own space and come in and meet the bare minimum. You know, yes, it does have a tot lot in it. Smile. Yes. But, you know, we need to up the game a little to make it livable for people. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: And on this it's showing a picnic shelter, too, and I don't remember seeing that in the packet in the text, but it's showing on the drawing, so I guess I will ask the applicant for more clarification, because that does add another amenity that's no t just a tot lot. Picnic shelter, pathways, some green area where probably the drainage is, too, but -- I hear you. LaFever: I'm just really concerned that we have neighborhoods that will survive the test of time and it's a place that you can add it, but when they come in and park you can't Meridian City Council Meeting Agenda October 8, 2019 – Page 20 of 253 Meridian City Council September 24, 2019 Page 18 of 49 see where the driveways are in here. But some of the neighborhoods that we are developing now you can't even have guests over and have them park in the street. If you do have parking in the street and you're blessed enough to be able to park, you can't -- if people are parked on the street it's really hard to navigate that street , you know, and I'm really concerned about it, so -- Borton: Interesting. De Weerd: Any further questions? Thank you. Any other testimony? Good evening. Rogers: Good evening. Thank you, Madam Mayor, City Council. My name is Pamela. I live in Boise at 3881 North 39th Street. De Weerd: Pamela, what's your last name? Rogers: Rogers. Excuse me. Rogers. De Weerd: Rogers. Thank you. Rogers: And I came to Boise in 2009. I have been in property management since I came here and prior to that, even in Texas. Just a side note here. For me personally driving two hours to work every day was not a big deal. It's what we do. And Eagle Road now I think is just as bad. It's like I compare it to some of the places in Houston. But the only thing I really would like to say is I know that the Treasure Valley -- and I love Boise, Meridian. I came here to be with my daughter and her first grandchild after my parents passed and it's grown exponentially just since 2009. I have read in numerous publications that by 2040 the whole Treasure Valley is going to be about a million people and what I have encountered in property management -- when I first came here and I started with a smaller company, so it was a pioneer effort, which has just been really fun to grow with them and, you know, we only had a handful of properties, but back then I was pulling teeth to get tenants. Now I'm getting fifty to a hundred phone calls, depending on even the time of the year, for every vacancy I have. The supply and demand is overwhelming. We do not have enough housing or rentals for people coming in. So, I am very much in favor of the high density proposal -- or rezoning I should say and we -- it's my understanding from the developer, these are not all high end homes. They could be first time home buyers. I may be wrong, but that was my understanding. And we need a lot of that. We need more of that and I -- I just see it every day. I'm at a loss -- I mean even now in the offseason I'm still getting probably 20 calls a day. I'm so sorry I don't have anything. And also the -- you know, the -- the rental prices have gone out the wazoo, too, so a lot of people are wanting to buy instead of pay those high rents. So, I am personally acquainted with the -- excuse me -- the Laws over there and the realtors. But I just wanted to speak on behalf of property management, because I know we are all feeling this crunch time and thank you. De Weerd: Thank you. Yes, sir. Good evening. Meridian City Council Meeting Agenda October 8, 2019 – Page 21 of 253 Meridian City Council September 24, 2019 Page 19 of 49 Blake: Good evening. My name is Kent Blake and I live at 4920 West Cherry Lane and five acres of this proposed project belongs to me and I would just like to bring up some key points that I have heard that seems to be an objection over the last two meetings that I have sat through. First, just to kind of go back a little bit in history, it was just so many years ago that I had the same five acre parcel before the City Council -- went through Planning and Zoning and was all approved and it came to the City Council, because at that time I wanted to make two lots out of my five acres and after we had gone through all the process it was denied by the City Council at that time. So , we waited a lot of years and now fast forward to the day, now it's just the opposite, a lot of the objection is it's too dense and that. Well, my property does -- in the north side connect to the Burlingame Subdivision that was just approved not long ago, which is the higher density, and so I think from that standpoint if you look at -- it's perfect for that kind of an arrangement. Other -- another point that has been brought up a lot is the safety of the area and we really haven't stressed the fact of what this project means to the -- to this as far as improving the safety. Currently there is about a hundred feet of sidewalk that is -- are right by the lights on the corner, but once this project is done it will add several hundred feet of sidewalk -- probably close to three football length fields of sidewalks, plus the improvements to landscaping that goes along with that with the sidewalks. So, I think it will add to the safety, not detract from it. Another point that has been brought up that -- schools. Well, just this year the Compass Charter School opened their new facility just a half mile away from my -- my house and in the near future the Owyhee High School is going to be opened. The schools are coming to help support this. The other thing is -- is all the utilities that are necessary for this project to go forward are right on Black Cat. It's not going to take any taxpayer dollars to further this project. It's ready to go. Impact fees will come in once it's developed. And the final point I would like to just stress is that this is a small little development, 8.79 acres. In my mind I can't think of something that would be a better fit to fill in this -- these two parcels of land in Meridian. There are other things that can happen. It could be a big field full of weeds and a lot of things could happen, but this really -- the way it's planned I think the developer and the planner has put a lot of thought and effort into it and it will really add to the character of the nature and fit in with the surrounding character of what's already there. So, to me it's the right thing to happen here and I know those who object -- I hope you just kind of reconsider it and look at the whole picture. De Weerd: Thank you for your -- Blake: This really is worthwhile and I appreciate your time. Thank you. De Weerd: Thank you. Any additional testimony? Okay. Suggs: Thank you very much, Mayor and Council. Jane Suggs representing the Milbrae Subdivision and this is really part of the process that I really like, because everybody gets to comment and say something about a project and that's the really great thing about our process. I don't have a whole lot to add, other than a few -- few things that came up. Again, we talked about this property is pretty much surrounded by development and the step up has been used in the past as recently as last November Meridian City Council Meeting Agenda October 8, 2019 – Page 22 of 253 Meridian City Council September 24, 2019 Page 20 of 49 for the Burlingame Subdivision. Yes, it was originally a different subdivision, but it was R-4 and, then, they came in and used the step up to rezone to R-8. A lot of talk about the open space and I can appreciate that . The actual open space -- because there is actual open space and, then, there is your coded usable or what you call the affected open space I think. It's about an acre and a half out of that 8.79 acres is actual open space. It's not designated for lots. But some of that, like buffers, are not already included in that usable open space and the 11 and a half percent did not include the small piece that's above. So, that's an additional open space. It's not part of the calculation of usable open space. So, even though it will be landscaped and it will have a bench along the street in front, we haven't actually calculated the -- the size of the irrigation pond, but it could be very small and only the irrigation pond would be surrounded by a fence, as requested by P&Z. So, we have quite a bit more open space than what is shown on the 11 and a half percent. As far as housing, you will see that the smaller houses are in the center. They are the ones that are adjacent to the open space, and it's -- when you have a smaller home and a smaller lot, that's perfect for first time homebuyers who may not need a yard. Also because there is a tot lot and picnic facilities there. We actually have redesigned the stormwater management , so -- and some of these it looks like you have dotted lines. We have actually talked to the engineer and he's got the geo tech, so it looks like a stormwater management -- stormwater detention area will be infiltrated, so it would be underground. So, now we can put more landscaping into these open spaces and there will be open spaces that won't necessarily be depressed like you see and those are very nice spaces, because they fill up with water occasionally. Not much here, but -- but now that won't necessarily be the case, because we will be using underground infiltration for those spaces, which is a good thing. As Mr. Blake said, the utilities are all right there. There will be no -- we just talked about another project where you have to extend utilities. Utilities are right there for extension right into the subdivision and I'm not the builder. We submitted built on -- some examples from a couple of builders we think that we probably could have some of these homes at less than 300,000. I know that doesn't sound like a first time homebuyer, but to professional folks we hope to get to that and you know that's a difficult thing right now. Just having housing at all in our bustling city is a great thing and, you know, we are talking about adding several hundreds, if not thousands of homes every year trying to do that to our valley to allow people to have some place to live. So, any home that we build is a good thing for working with our housing crisis that we are going through right now and probably will be for many years in the future. I believe we satisfied all the concerns we had with ACHD as we were aske d to at the last City Council meeting and, again, if you have questions about that I would be happy to talk to you about that or respond to any other questions you might have about the project. Again, very respectfully request that you approve the Milbrae Subdivision, the annexation, the zone to R-8 and the subdivision as conditioned that we agree with all the conditions. So, thank you. De Weerd: Thank you. Council, any questions? Milam: Madam Mayor? Meridian City Council Meeting Agenda October 8, 2019 – Page 23 of 253 Meridian City Council September 24, 2019 Page 21 of 49 De Weerd: Mrs. Milam. Milam: So, was there a picnic shelter or is there not a picnic shelter? Suggs: There is a picnic shelter. Milam: Okay. Suggs: We have a picnic shelter and a tot lot. We always like to have a place where the kids can play and, then, the moms can sit underneath some sort of shelter in the sun when they are out there, so it will be a nice place to have some sort of picnic ability there. Bernt: Don't forget about the dads. We like to play, too. Suggs: Oh, yeah. Well, if you must. De Weerd: Any other questions? Bongiorno: Madam Mayor? Over here on the Fire Department side. De Weerd: Joe. Bongiorno: Jane, can you make sure that if this does get approved that 14 foot wide asphalt needs to be 20 feet wide for the fire engine. Suggs: Yes, it will be. And in our revised plat, but not shown on this landscape plan, because one of the conditions is prior to the final pla t we submit a new landscape plan. But on the new plat we do show it as a 20 foot and some landscaping is beyond that. So, that's our emergency access down to Cherry Lane, because we can't have a full access. It will also serve as a really nice connection. And, again, just less than a half a mile down the street is the new park. So, that's some -- that will be a great way to get people without having to get all the way around, they can get right to the park that way. De Weerd: Okay. Any other questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Jane, you have been doing this for a long time really well in this valley, so I challenge you with a question. Maybe broader than this project, but this project implicates it. Do you think that in the City of Meridian there is a maximum number of new dwelling units or building permits? Talking residential. A maximum amount that can be issued to maintain our existing levels of service. Is there some cap to that? Meridian City Council Meeting Agenda October 8, 2019 – Page 24 of 253 Meridian City Council September 24, 2019 Page 22 of 49 Suggs: I'm probably not the right person to ask -- answer that question, but you have got a sewer expert over there who is probably determined exactly what that is for the future growth of Meridian. That's what your Comprehensive Plan -- Borton: Here is what I'm getting at. Because you -- I asked you because you have been planning for a long time. If a community like Meridian, for example, tried to bring on 20,000 new building permits within a year -- residential. Probably absurd, probably more than -- than what we could handle to maintain levels of service. Does that seem like a fair conclusion or do you know? Suggs: Well -- Borton: Or have an opinion on it? Suggs: That's such a loaded question. Level of service for our streets? Level of service for our sewer? Level of service for our schools? Level of service for -- Borton: Yes. Suggs: Yeah. You're not -- you don't have enough people in your city government to give out 20,000 building permits in a year. I mean Kuna is out there doing a couple thousand and they are -- yeah, they are growing faster, so -- I mean it's -- Borton: It's a tough question. Suggs: I don't know how to answer your question , because it's so loaded. I'm trying to figure out -- are you saying that is there an unlimited number of units that we will build in Meridian? Borton: Madam Mayor. Here is the challenge that -- Suggs: Okay. Borton: And I don't know the answer to it either, but I believe there is a number and one of the challenges when we review annexations is we look at it on a micro level and we look at project specific or at least we are directed to try and do that by a lot of the input that we get, which makes total sense and you might have been caught up in some of this concern that on a micro level to this project specific to it it may meet the standards and be appropriate, but some of our considerations on a larger scale is -- is there some maximum absorption rate that our community needs to be aware of with this tremendous growth in order to maintain level of service and that's a question probably broader than your project by itself. But when we look and make policy considerations to determine any annexation is in the best interest of the city, to bring this into the Meridian family and provide all the services, each project standing alone has a very finite number and a smaller impact; right? Forty-one units here. Relatively small compared to the city. But we have probably over 10,000 platted approved parcels in our city -- none of Meridian City Council Meeting Agenda October 8, 2019 – Page 25 of 253 Meridian City Council September 24, 2019 Page 23 of 49 that's your fault or concern necessarily, but some of the challenge that I think I might have posed to you a few weeks ago might have been more focused on this is concern, that I think there is some broader cap and none of us know what it is. So, when we talk about step ups and the impact of step up, it's only 41 units now, it's smaller, it seems like a really small impact, but at least for me what gives me some pause is the bigger policy consideration in trying to step back from a project just by itself and trying to articulate a bigger policy decision on a step up here, that might be problematic. It's problematic because of this larger concern. And in fairness to an applicant like yourself , if I had that concern I think you're -- you're entitled to know that. So, I could articulate here is why I find the step up to be a fatal flaw, because it doesn't satisfy these broader concerns and I think that's a unique consideration in annexation, because it's that, you know, consensual decision to sort of get married with the city. That's the reason that I asked that question and I didn't expect there to be an answer. Suggs: Well, good. Borton: I wish you had one, because I don't. Suggs: I guess part of the issue is -- and we wouldn't have brought this if we didn't work with the staff, who indicated and -- that we are very close to going to Planning and Zoning Commission with a new Comprehensive Plan revision and this land is shown as medium density in the new Comprehensive Plan. So, the issue is we -- there will be no step up once that plan is approved. So, we didn't think it was necessary to wait until that happened. It's -- it's that way because -- and it's appropriate that way in this particular -- on this particular site, maybe more so than the ones you have already used step up on, because it's that hard corner. Larger lots are not necessarily appropriate at a corner like this where you have two arterial. That's generally where you put your density, not interior, but -- and not -- but you do it at the harder corners. We talked about -- a little bit about that last time is that that's sort of the appropriate location in planning where you put your density at these -- what are called hard corners. So, in some places -- I think there is one -- let's see. So, I'm looking at this map, city limits and zoning, and we are going for the purple zone and you will see all the purple zones. So, obviously, in some of that area -- and I haven't checked everyone to see what the comp plan said, but mostly a lot of your comp plan had a lower density and the lots of these -- I mean we are showing purple there at these corners and especially at some of these harder corners. So, that R-8 seems to be the appropriate thing. You're right, I don't have an answer for you how many units should we approve in the next year, but I do believe that this is the right project at the right time in the right location and there is no reason not to. The utilities are there. It is -- it's ready. I mean the property is ready for development there, so -- I mean it is surrounded by development and I don't know a reason why you would not annex it in if you have got annexation land on -- to the west of it and to the south of it and to the north of it and to the east of it. So, except for one parcel who may or may not develop their proper ty. So, if you're surrounded it's an in-fill. It's an enclave almost. De Weerd: So, I have a question. Meridian City Council Meeting Agenda October 8, 2019 – Page 26 of 253 Meridian City Council September 24, 2019 Page 24 of 49 Suggs: Sure. De Weerd: It's not so -- it seems that we are really transitioning away from these retainage lots. It just lacks imagination, Jane. To have a retainage lot with a fence around it and many of the retainage lots we have seen are mosquito traps and I just -- that one baffles me. Suggs: Okay. When you say retain -- this isn't stormwater retainage. All the stormwater will be underground now. This is an irrigation as a requirement of the irrigation district, where there is no irrigation, so we want pressurized irrigation, so we have to build a pond on the property. So, that irrigation will have water in it during the irrigation season. De Weerd: And will it move? Suggs: Will it move? De Weerd: The water. Suggs: The -- the level will change whenever you're irrigating and, then, it will fill back up, so -- De Weerd: Do you have aeration or -- do you have the water moving, instead of just staying stagnant? Even though it changes in elevation that doesn't -- Suggs: But it fills up -- I mean in the summer months when you're using it it will be filling up daily. It will be moving daily. So, there will be water coming out of it for irrigation and, then, they will be filling it up with -- from the irrigation. It's a requirement. There is not a way to do those really underground. I think you're talking about retainage meaning the stormwater and that's the stormwater stuff that sometimes, you know, the lower the swales and they have rocks and things and sometimes the water just kind of stands there for a while, so -- De Weerd: Uh-huh. Suggs: -- but this is -- this is like a pond. This will be more like an amenity pond and the reason there is a fence around it is because the P&Z said they wanted a fence around it. For safety we were going to do a four foot fence, so it keeps the kiddos out and keeps -- you know, that kind of thing. But it's not going to be a tall, ugly like wire fence or something. So, it's just a safety thing, because it's going to be more than probably a foot or two deep. It might be five feet deep and water comes up and down, so -- during the year -- and that's an irrigation pond versus the retainage ponds that you're talking about. Those will be underground, so -- De Weerd: You don't have any kind of aeration component to it. Even with the movement up and down it's still a nice mosquito -- Meridian City Council Meeting Agenda October 8, 2019 – Page 27 of 253 Meridian City Council September 24, 2019 Page 25 of 49 Suggs: Well, if you -- we can talk to the -- to the irrigation district and see if there is something that we can do to make that happen. I don't -- I'm not a professional in this design, but I can find out -- the irrigation district might allow us to do something like that. I'm not sure if they will, because it's something we are doing for them -- for the irrigation. But if you want to make a condition of approval that we talked to irrigation about doing something to keep mosquitoes down from the pond, that's fine. De Weerd: Any other questions from Council? Okay. Thank you. Suggs: Thank you. De Weerd: Okay. Council, any further information needed? If not, I would entertain a motion to close the public hearing. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Move we close the public hearing on Item 7-C. Milam: Second. De Weerd: I have a motion and a second to close the public hearing. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Having heard an immense amount of information twice out of a very small -- less than nine acre development, I move that we approve H -2019-0066 and include all the staff's recommendations in their staff report and require that if the irrigation district allows for it and there is a means to properly aerate the pond to mitigate mosquitos, that that be required to be built, should they allow it. Milam: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Meridian City Council Meeting Agenda October 8, 2019 – Page 28 of 253 Meridian City Council September 24, 2019 Page 26 of 49 Cavener: I think we are back here, like deja vu all over again, because Council couldn't come to an agreement, we didn't have a tiebreaker, and, you know, I think Council Member Bernt had said, you know, like -- almost like another chance at this. You know, go talk to ACHD to get another shot. My comments were pretty clear. This is pretty minimal and I would have hoped the developer and their representative team had taken a look at this project and said let's level this up and that didn't happen. So, you know, I think our Council has always been really supportive of working with development to get to the win. We have had to continue for further conversations to occur, because I don't -- I don't take denials lightly. There isn't anything here that's changed and has moved me to be supportive. I think it's a missed opportunity to have done something a little bit better. I think Denise in her testimony talked about leveling up or kind of improving and I think there is a host of things. I appreciate Council Member Borton asking the question. I think there is a host of things that they could have done to make this a better fit for our community. So, I'm not supportive of the motion. I won't be voting in favor. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: So, being that this is a -- Joe, the number is 2,873 that -- this is an in-fill piece of property and I do appreciate level up and not being a minimalist and I don't really see this as a minimalist and I think that with in-fills it is a little bit more difficult to be as creative as you can with larger pieces and that -- I calculated the open space. The actual open space -- and I don't even know if that includes the po nd -- is at 17 percent if you include the unqualified. It has more amenities than it needs to have. So, it may not be the most beautiful project in the world, but it's -- we are dealing with a little small little piece of in-fill property and it wouldn't be even open to a step up if this was not already going to be the FLUM level of service, so -- I don't see why not to approve it. De Weerd: Okay. Any other discussion? Mr. Clerk, will you call roll. Roll call: Borton, nay; Milam, yea; Cavener, nay; Palmer, yea; Little Roberts, yea; Bernt, nay. De Weerd: Okay. Well, since I did look at the -- the record I hung up on our -- our policy, I know that there has been step ups, but not since we started into our Comprehensive Plan update and we did say that we would not consider step ups. I have been pretty firm in that. There is no guarantee that this will be designated what is in the plan until it goes through. It would have been probably a different conversation if this was two months later or three months later or after the beginning of the year with the new Council with a new plan. But I think that the other Council Members who are voting against it are trying to stay true to it. I also think that we do need entry level housing, but I don't think we have to settle and there are some safety concerns in this area. This is a small piece of land. I don't think it should share the burden of the entire cost of a turning lane, but there are some safety aspects in this area that discussion Meridian City Council Meeting Agenda October 8, 2019 – Page 29 of 253 Meridian City Council September 24, 2019 Page 27 of 49 needs to be had on turning lanes for getting turning movements out of the lane of traffic and -- and providing a safer venue for it. So, I will be voting no. So, this motion fails. MOTION FAILED: THREE AYES. THREE NAYS. MAYOR NAY. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I move we deny Item 7-C, application H-2019-0066. De Weerd: I have a motion. Do I have a second? Okay. Well, I have no motion. I do need action from the Council. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: So, the question I had posed to Jane, which -- which was meandering, perhaps, or mooshy, I guess I could pose to all of Council, if they know it or maybe our planning staff. Is there a -- is there a maximum number of dwelling units our city can absorb on an annual basis to maintain our levels of service, whether that's streets, schools, public safety, water, sewer. If there is what is it? I don't know what it is. I don't know if anyone else knows. No, that's not the number of permits that have been approved. The number of units a city can absorb X number of units on an annual basis. It's not 20,000. Right? More than zero. But there is some -- there is some figure and not all communities are -- are blessed or cursed with extraordinary annual growth and there is one reason why everyone wants -- a lot of people want to move here is we do have this phenomenal level of service in all departments. So, what happens, an application like this gets stuck in the process and we seem to be stuck every five months on something where it's that concern, at least for me, that -- that catches you. Each project by itself is small. But year over year on a large -- it's four years down the road and your levels of service have -- fire response time, police ability to interact in our community, all of that slowly creeps. But here is my concern. I don't know what the number is, but I would like a tool that would help articulate, based on some assumptions, some absorption rates that the city can absorb X number of units on an annual basis. I think that would be very helpful and very difficult to do. So, Madam Mayor, as we go forward I'm changing my vote and I'm going to do -- I'm going to be -- I'm supportive of this project, because this concern doesn't necessarily need to -- to tie up this particular project. But I want to have some tool that will help articulate -- and we can utilize it going forward -- our community can roughly absorb X number of homes. No, more than zero. Right? We can grow at a certain level. Residential. Commercial square foot and industrial square foot. It's not unlimited. We can't absorb 20,000 houses. The demand is there and on an individual project basis there will be requests to do so and I don't fault developers and landowners from trying to do so. The problem is it's is 2026 and our police and fire response time and our -- our ability to plan new Meridian City Council Meeting Agenda October 8, 2019 – Page 30 of 253 Meridian City Council September 24, 2019 Page 28 of 49 wells for water service all lags behind and we are all gone -- I'm on my soapbox just for a titch. But we are all gone and you see communities get caught -- that's what happened, it's back in 2019. So, here is my -- there is not an answer for it today and it's not going to be easy, but I'm supportive of this project. Come January if -- if there is not some tool that will help guide this on a macro level, so we can say here is why step ups don't work on a big scale, here is why we use DA's to ration out building permits in some manner that we could absorb it effectively, then, I'm not supportive of annexation. I'm done. Because people like this project get caught every now and then with this concern we are not talking about. So, what's the tool that makes me feel comfortable -- oh, we can absorb 950 new units each year. This fits into that model, we are good. Or if we are going to deny an application we can say here is why, we can't absorb it. It doesn't fit. We are not going to lower our standards in our community, even though the demand is there. De Weerd: Mr. Borton -- Borton: So -- De Weerd: -- I think this is a great conversation that we talked about in our strategic plan and from tools and maybe better -- better used then -- Borton: Sure. De Weerd: -- then right now. Borton: Fair enough. And -- I will stop. But here is -- in fairness to the applicant and to the developer, so they understand my position, I'm going to support this project. I'm going to vote for it. But I want it to be pretty clear the concern, come first of the year, if there is not something that we could utilize that -- just for me personally, I'm not going forward with annexations unless I can feel comfortable our levels of service aren't going to be jeopardized. That's all. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Mr. Borton hit on something that's really important. The decisions we make today will dramatically affect, you know, levels of service and other things, et cetera, in the future dramatically and I think the reason why I struggle with this -- this project so much is because it's just the lack of creativity with it. I remember when I was on my -- one of the first couple applications when I was on Planning and Zoning Commission a long time ago and I was inexperienced and I -- and I wasn't familiar with the process as much as I am now, but my feeling hasn't changed in regard to these irrigation ponds and -- and stormwater drain ponds, it's almost like we are trying to, you know, put lipstick on a pig a little bit and just throw a little bench out there, you know, make it look like it's an amenity, you know. I -- I have seen these things. No one is going to sit around them. Meridian City Council Meeting Agenda October 8, 2019 – Page 31 of 253 Meridian City Council September 24, 2019 Page 29 of 49 You know, they are terrible and then -- and that's what bugs me about this project is that it's just -- it's just a -- with all due respect it's a terrible project. It's -- it's just a -- it's a me to project that -- that doesn't move the bar and in Meridian we are going to have to come to a time where we are going to have to make some tougher decisions in regard to the type of quality that we are -- we are -- you know, that we are improving. I get that it meets the -- all of the -- I get that it meets code. I get that it -- you know, it meets the minimum qualifications, but going forward, my goodness, I think it's important to just -- you know, like Denise said, just raise that bar a little bit. You know what I mean? And provide a little bit more open space and not say that that open space, although it's not usable, is an irrigation pond, because that's not open space to me. It's just not . So, I get it, but it's -- Palmer: Madam Mayor? De Weerd: Mr. -- Mr. Nary, are we providing anything new that this -- we closed the public hearing and now we are having some interesting conversations. I just would like to have you weigh in. Are we okay so far? Nary: Madam Mayor, Members of the Council, I don't know. In the legal world -- Council Member Borton will understand -- this is what I would consider dicta. It's interesting information. It doesn't have any relevance to the decision in front of you. It's talking about something in the future that may be relevant , but it doesn't really drive your discussion or decision today. I think it's good information. I think it's helpful. I don't mean that to sound disrespectful, but that it's not -- but, no, it's not -- it's not detracting from your conversation. Until you make an action I can't tell you whether or not it has any impact. De Weerd: I'm just concerned that we have kind of lost our focus on the application and that's what I'm asking you to make a decision on. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: To that point -- Mr. Bernt's point, I have got an irrigation pond in my neighborhood. I have never considered it an amenity. I think probably the seven year old kids that go play in the mud find it an amenity, but I'm sure their parents certainly do not. I don't see any enjoyment that comes from a company if you call an irrigation pond an amenity, whether there is a bench there or not. So, I appreciate your comments, Council Member Bernt, and I'm in agreement. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Meridian City Council Meeting Agenda October 8, 2019 – Page 32 of 253 Meridian City Council September 24, 2019 Page 30 of 49 Palmer: So, for four years I have been here, week in and week out, we have said we need to step it up, we need to do this, we need to do that. Well, it's this board that makes those decisions. Staff has done an incredible job trying to guess what it is that we want and we have made teeny little adjustments as they have been able to kind of think, okay, I think most of the Council likes this idea, you know, single level, not having to worry so much about articulation or whatnot along arterial roads, whatever. But it's just -- it's us that make that decision and, instead, we wait until there is an application in front of us and, then, we throw a fit and say now try better. We set the standards. An applicant applies to the standards or better, comes here, spends a whole bunch of money to get to this point for us to say take a hike. Try again. I -- I can't tell you how grateful I am to Councilman Borton changing his mind to -- especially on such a small project, to not have to force them to get to this point and met all of our standards and say go away again. So, if -- if standards need to change we need to change those standards now or four years ago, before people keep spending just a fortunate to be able to get in front of us for us to make a decision based on information we received on Friday. Milam: Madam Mayor? Palmer: Is it appropriate -- even though my motion failed, can you make the same exact motion? Nary: Madam Mayor, Members of the Council, the people who voted in the -- in the prevailing side, someone from that side -- Milam: No, they have -- Joe has to make a motion. De Weerd: Any further discussion? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: We are all on a soap box tonight. I just want to kind of echo what Councilman Palmer just said. I have been sitting here for almost six years. I'm leaving and for at least five years I have been saying raise the standards. Why are we not raising the standards? And we do this and, then, we beat up applicants, because they are minimal, but they meet our minimum standards. This has three amenities. It only is required to have one. And the irrigation one is not counted as one of those amen ities. So, that's just there. But I'm looking at you three that are sticking around -- change the minimum standards and if you want to maybe slow down the development, change the minimum standards a lot. There is one way to slow it down a little bit, so it makes a really nice subdivision. Okay. Go for it. Oh, you can't. Joe. Borton: Madam Mayor? Meridian City Council Meeting Agenda October 8, 2019 – Page 33 of 253 Meridian City Council September 24, 2019 Page 31 of 49 De Weerd: Mr. Borton. Borton: I will make a motion. It sounds like that's where it needs to come from. I'm going to move that we approve Item 7-C, H-2019-0066, to include the -- all the conditions of approval, including those represented at tonight's public hearing. Palmer: Can anyone second? Milam: Second. Yeah. De Weerd: And Mrs. Milam second? Milam: Sure. De Weerd: Okay. Any further discussion? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Does that include the aeration mosquito abatement? Borton: Yes. De Weerd: Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, nay; Palmer, yea; Little Roberts, yea; Bernt, aye. De Weerd: Okay. The ayes have it. That is the process of government. Have good discussion and thank you for joining us tonight. MOTION CARRIED: FIVE AYES. ONE NAY. D. Public Hearing for Hands Free Driving Ordinance De Weerd: Okay. Item 7-D is a public hearing for hands free driving ordinance that's under consideration and chief or Mr. Nary? Nary: Madam Mayor, Members of the Council, a few months ago you had a discussion about having a hands free driving ordinance within the city. You have an ordinance on your agenda that we have drafted. We have basis on other cities around the state that have had these types of ordinances. Pocatello, Idaho Falls, Hailey are the ones that come to mind. That was the basis of this ordinance. It is a discussion draft. So, it is one for first reading. It can be amended. It can be rescheduled. It can be -- it can be vacated. Whatever your desire. One of the things that was left out, because it was a Meridian City Council Meeting Agenda October 8, 2019 – Page 34 of 253 Meridian City Council September 24, 2019 Page 32 of 49 discussion, was what level of penalty you think would be appropriate if you were to pass this ordinance. Infractions have been discussed. There are other types of offenses to deal with driving that are misdemeanors. Reckless driving and inattentive driving in the state. I want to help clarify a little for the record -- I know that Council knows this. You hear a lot of terms being used that distracted driving is the right way to address th is type of driving behavior. There is no such thing as distracted driving in the state of Idaho. There is only reckless and inattentive and those have specific -- specific types of behaviors related to reckless and not quite so articulate d such as behavior related to inattentive driving. But those two exist. They are both misdemeanors. If it's a serious enough case reckless would also be a felony, but that's really the discussion point. The discussion was this could be an infraction. Under t he city code if you don't designate what -- at what level of infraction fine it is it's a 25 dollar fine, plus court costs. I could give you the math, but it's about 60 bucks is what the total is. If you want to designate higher fines, you have up to 300 dollars in the Idaho Code to designate a fraction. So, that's some opportunity you have for this ordinance to have that conversation, but the ordinance is in front of you. The language that's in the ordinance has actually been reviewed by a district court in the state of the Fifth District, which is the area east of here encompassing the Twin Falls-Hailey area and it was based on Hailey's ordinance, which this language is very similar to, and that district court determined that this was compliant with the Idaho Code. It was not in conflict with the Idaho Code and it was upheld by that district court. So, that's the only example we have currently in our city in regards to this type of ordinance. So, that's a long winded introduction to the chief, he has probably more relevant data that you're interested in in regards to driving behaviors and law enforcement. De Weerd: Thank you, Mr. Nary. Chief Lavey, thank you for joining us. Lavey: Madam Mayor, Council, it's kind of ironic that on my way home this evening to prepare to come back here, I almost was taken out by a person that was on the ir phone. So, I think that's a sign. The growth rating of Meridian has been -- has seen unprecedented levels sometimes and it does not appear to be slowing in the foreseeable future. The roadway infrastructure cannot keep up with the pace of growth we are experiencing. To end results we are seeing on our roadways are increased crashes and road rage incidences. We have seen a 37 percent increase in crashes on that Chinden corridor alone. Many of these are because people are not paying attention while driving their vehicles. In May I proposed a hand free ordinance for the City of Meridian. That -- that idea came about after seeing several cities doing the same thing after multiple years of trying to get the Idaho legislature to make this a state law. This past year at the state level not only did we not get a state law to curb the problem, but there was a bill proposed taking the right away from cities and counties for making our own ordinances. That also did not pass. There are many arguments out there that try to sway against city ordinances or even state law. The first is that the state is going to do it, so why should we -- why shouldn't we wait for the state. I do not share the confidence based upon my legislative experience that we can afford to wait any longer. There is an argument that there are other distractions people are doing while in their vehicles, such as applying makeup, shaving, reading and eating, just to name a few. Meridian City Council Meeting Agenda October 8, 2019 – Page 35 of 253 Meridian City Council September 24, 2019 Page 33 of 49 These have been true for many decades and it still does happen, but it is not frequent like we see with phones in the hands of drivers. One just needs to watch the drivers on our roadways to see where the biggest problem lies. Another argument is that there are already laws on the books to address these problems. First must we -- first we must look at what laws do exist and, then, we also have to look at how they are interpreted by the prosecutors and by the courts. Reckless driving is perhaps the most serious driving offense that deals with poor driving. This is a misdemeanor which requires beyond a reasonable doubt for us to prove in court and it really has to do with some very serious and dangerous driving. Also it -- it has to encompass at least three moving violations, speeding, aggressive driving and such. This is a pretty serious charge. Another example would be drag racing, driving on the sidewalk or speeding through a parking lot with a crowd of people. Inattentive driving is the lower level of reckless. It's still a misdemeanor and still requires us to prove beyond a reasonable doubt , but it really, in essence, is an after-the-fact violation and what I mean by that is you must cause the danger and, then, you get a ticket. We see that often in Meridian where someone will actually be not paying attention, being distracted, cause a crash and, then, it's appropriate for us to issue a citation. That is not how we want to work things. We want people to make the proper choices before they get into crashes. The third violation that currently is on the books addresses texting while driving. This is one that Meridian took a lead on not only on a city ordinance level, but, then, also on a statewide level. It took many many years for the state to actually adopt this and in this current law there is a lot of exceptions that allows people to have their phones in their hands. So man y exceptions is it's really difficult for us to prove in fact what that person was actually doing while on the phone. We figured it out and we have written 198 citations for texting while driving last year. I think you have the stats in front of you. We forwarded them. I'm not sure exactly what they are for this year. I do have them in front of me if you need them. But it's not just people texting on their phone that's the problem. It's people that are on their phones that really think that they are driving quite well and have no idea that they are crossing the center line or that they are slowing people up or, frankly, today the guy that I just mentioned was on his phone with GPS and had it in his hand out in front of him like this and was busy trying to stare at it as he's driving down the road and missed the stop sign. Now that wasn't intentional, but if he wouldn't have been on the phone it wouldn't have been a problem. The other thing that we are finding is that it's creating a lot of road rage incidences, because people just aren't paying attention. They think that they have to slow down. Just yesterday we had one where the person was slowing down for a school bus that was in the opposite lane, just because she was on the phone and wasn't paying attention and so the school bus slowed down, she slowed down, the person behind her got upset, started tailgating her, then, we started having brake checking and, then, we -- they got out in the middle of the intersection and started having an argument as I was pulling up. So, it's juvenile behavior from adults because of a phone. People will say that they only text while stopped at a stoplight or at a stop sign and we commend them for texting -- for not texting while in the vehicle while the vehicle is in motion. But this is another leading cause for the road rage incidences that we are experiencing and the people have said I'm a safe driver while I'm on the phone. I would challenge them and ask are you a safe driver or are you a unlucky driver. At a recent distracted driving presentation by a father Meridian City Council Meeting Agenda October 8, 2019 – Page 36 of 253 Meridian City Council September 24, 2019 Page 34 of 49 who lost his daughter to texting while driving, he discussed how unsafe it is to be on the phone while we are driving and he equated it to disrespectful driving, not distracted driving. This statement resonated with me because one of our core values in Meridian is respect. I strongly urge you to pass this ordinance because it is -- not only is it the right thing to do, it's the right time to do it and it's for the right reasons. If we do not write a single ticket because people chose to do the right thing, then, we all have won. I will stand for any questions. De Weerd: Thank you, Chief. Council, any questions? Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: This has been one I have thought a lot about. It's an interesting -- it's a complicated issue in regard to role of government versus existing laws, also taking into consideration maybe doing a better job enforcing our current laws and in speaking with folks who have reached out to me, my question do you, chief, is is there a way in which we can better utilize and enforce our current laws without having to create mor e laws to solve this problem? I know you just spend five minutes talking, but I just want to -- it's just -- it's just a question that comes up time and time again when people approach me about this. Lavey: The simple answer is no. Bernt: Okay. Why? Lavey: I think I just covered it. Bernt: I mean like main talking points. Lavey: So, what would -- what -- Madam Mayor, Councilman Bernt, I already covered the laws that currently are for reckless driving. Bernt: Right. Lavey: Obviously we are not going to be able to use reckless driving. Bernt: No. Lavey: We have texting while driving and we can't use that for people that are on the phones, because they have that exception. The only thing that we could use would be inattentive driving. The courts have said this is an after-the-fact violation where you have to actually have to do something, have some sort of outcome, as in crashing before we can write you that ticket. If I go write every single person that's on the phone an inattentive driving ticket because they were on the phone, every single one of them Meridian City Council Meeting Agenda October 8, 2019 – Page 37 of 253 Meridian City Council September 24, 2019 Page 35 of 49 are going to get kicked out of court and all it's going to do is clog up the courts. It's not an appropriate law to address what should be a simple decision for people to do the right thing. I know that this city and this state does not like to make laws and they don't want to have more laws. But, unfortunately, we have laws out there for speeding and we still have speeders. We have laws out there for DUIs and we still have DUIs. We have laws out there for homicide. We still have homicides. W e have to have laws in place to show people and hold them accountable for those behaviors when they make a wrong decision. The nice thing about it is that when that law is on the books we get somewhere between a 60 percent and an 80 percent rate of doing the right thing because it's now a law. If we could have people that would do the right thing and get off their darn phones and not have to do a law, then, that's great. But we have watched year after year after year and it's getting worse, it's getting worse, and it's getting worse. So, I challenge all of you here is the great time for you to sit there and take an action like we have done, six or seven different times when we have had city ordinances on different things that we know has impacted us as a community. We get enough cities that have enough guts to do that, the state will take notice and they will make it a law. But until then I think we need to do something here on a local level to not only for ce our citizens to make those right choices, but to protect those citizens that don't have a choice to make. De Weerd: So, chief -- Lavey: I was on the soapbox there. Sorry, Joe. Borton: It's contagious. De Weerd: So, chief, the proposal would be in an infraction and not a misdemeanor. Lavey: Madam Mayor, yes, that was our proposal is that it would be an infraction. Currently I can tell you that under state code most moving infractions are 90 dollars, plus court costs if you decide to take it to court. We don't have an opinion on it. You can decide whatever you want. We just believe that it needs to be an infraction to not clog up our courts, but also -- and I didn't really cover this, sorry, is that I kept talking about under misdemeanors it's beyond a reasonable doubt. Under an infraction it's more likely than not. And so it's easier to proof. It's easier for someone to contest it if they want to contest it. If they are cited there is less points that go on the record. Reckless driving is four points that goes on their record. I think a moving is -- is two points. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I apologize, I have to leave, and I just want to -- I love your passion for this, chief. I can tell it's like -- it's very -- very important to you. I can hear it in your voice and -- and I admire that and I'm supportive most of the way, but still I think the part -- the Meridian City Council Meeting Agenda October 8, 2019 – Page 38 of 253 Meridian City Council September 24, 2019 Page 36 of 49 only part of this that and I am struggling with is when the vehicle is stopped and I just have a really hard time believing that that causes very many accidents. If you're at a red light. You might -- you might have to drive for an hour and to be able to just do a quick something at a red light and pay attention and go when the light turns green, I don't see as a major traffic hazard. So, that's -- that's kind of where I'm at. That's the part I'm struggling with. De Weerd: I have got a friend who was rear ended because she was sitting at a stop sign, the car in front of her moved, she moved and the car in front of that didn't, because they were on their phone. Milam: They needed to be paying attention to the road. De Weerd: Well, they are not. Lavey: They are on their phone. De Weerd: They are on their phone texting a really quick text before they drive, so they are stopped. Lavey: Madam Mayor, Council Member Milam, I know that you brought that up before and I -- and I understand that. One of our biggest problems is not crashes there, it's the road rage incidences. It's where people are not paying attention, the light turns green, they are not going because they are still engrossed in the phone. But you did talk about crashes. One of the points that we do find where there is crashes is people are in the straight lane at a red light, they are on their phone, they see the green turn light go, they think it's green and they go. So, we do have crashes when they are on the phone, because they are not paying attention. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Jeff, appreciate your recommendation at least in terms of where you want to see this classified. You bring up I think a good point about road rage and that's something that when you first brought this up wasn't even on my radar to consider and I started to wonder do we have laws against road rage and -- if somebody -- if somebody -- I have had this -- I have been hit by a texter, you know, they were -- I stopped, they were on their phone, boom, hit the back of my car. So, I'm sympathetic to that. But I have also seen these road rage incidents and they are incredibly frightening. Even for somebody like to me see this happen and so I'm curious -- I appreciate wanting to address what we think is a big issue. To me these incidences of road rage are equally concerning as well. I'm just curious what we have on the books, what you and your team have in terms of tools and resources to enforce that and prevent that from happening. Meridian City Council Meeting Agenda October 8, 2019 – Page 39 of 253 Meridian City Council September 24, 2019 Page 37 of 49 Lavey: Madam Mayor, Council Member Cavener, that's an interesting question and I never really considered that before. There is no laws on the books that would address a road rage incident if it was verbal only. It's only when it escalates to the point of --- we have had people pull guns on people, then, that becomes an aggravated battery or an aggravated assault, depending on what they do with it. If it's involved in fisticuffs where they actually get physical, then, we have battery also and we have had those as well. But if you just want to go and have a dialogue with each other on the roadway and obstruct traffic, I don't know, there might be some obscure code out there that we could find that could say you can't stop in the roadway, but, no, there is not anything that addresses poor human behavior on the roadways, unless there is some sort of physical activity. Cavener: And, Madam Mayor, if I may, Jeff, you know -- De Weerd: Can you pull your -- Cavener: Sorry. De Weerd: Yeah. Cavener: We have all had somebody show us their -- their favorite finger and they have all been willing to kind of swear at us or whatever, you know, as they as driving past and that part is less concerning to me. The part that I'm concerned about is when people either -- stop and get out of their vehicle and -- and I don't know if that's a conversation for us. I mean to me that is an issue that I would be much more comfortable us addressing first is what we are doing to stop road rage in our community before we sta rt having a conversation about -- about people using their phones while they are stopped at a stoplight. I -- part of me thinks that we have got really good laws on the books to address issues of people who are using their phones, moving in and out of lan es without signaling, speeding, not stopping and, honestly, I think inattentive driving to me it has seemed like the logical place, but I am concerned that the big piece that you talked about that we don't have a plan in place for that -- and I don't know if it's parallel tacks or separate tracks, but that's a piece that I think is really important that we are working through. Lavey: Madam Mayor and Councilman Cavener, I guess I would argue back that there is a symptom and there is a root cause and I believe the root cause is the texting and the symptom of that is the road rage, not conversely. De Weerd: This is a public hearing. Council, let's see if we have people signed up and -- Lavey: I'm not going anywhere. I can come back up. De Weerd: Thank you, chief. Mr. Clerk. Meridian City Council Meeting Agenda October 8, 2019 – Page 40 of 253 Meridian City Council September 24, 2019 Page 38 of 49 Johnson: Madam Mayor, there are two people signed in, both wishing to testify. First is Bryan Leisle. De Weerd: Okay. Good evening. Thank you for waiting for this item. We appreciate you being here. If you will, please, state your name and address for the record. Leisle: My name is Bryan Leisle and I live at 4647 North Tipton. 83646. De Weerd: Thank you, Bryan. Leisle: So, Madam Mayor, Members of the Council, first I want to thank you all for considering this ordinance. As Chief Lavey said, I think most cities in Idaho are doing it because of the inaction and the incompetence of our state legislature to deal with it. I ride my bike for transportation, so do my kids, so does my wife occasionally, so I am viscerally aware of distracted drivers, drivers not paying attention, because they kill people like me on a regular basis. My daughter rides her bike to Ren aissance and it's about 25 minutes away from our house and she has to go down Locust Grove and I told her ride on the sidewalk, because our bike facilities are inadequate and somebody gets on their phone, all it takes is three seconds and they could hit her. These are preventable deaths. Pedestrians, bicyclists have an out size -- they are more at risk than other people in cars. From 2008 to 2017 pedestrian deaths have increased by 35 percent, whereas motor vehicle deaths have decreased by five percent. So, cars are getting safer, but our pedestrians, who are out of cars and bicycles that are out of ca rs, they are more at risk. Cell phones in use over that same period has increased five fold. The correlation doesn't cause -- isn't causation, but, you know, it doesn't take a genius to figure out cell phones are a problem. Again, these are preventable deaths. Especially for the vulnerable road users out there. And I -- I -- like Chief Lavey said, the -- the books that we have -- the laws we have on the books now, they don't specifically address people just looking at their phone, it's only texting and -- I mean he is the expert, I would listen to him. So, I would encourage you to pass this ordinance. And that's it. De Weerd: Thank you. Leisle: One final comment. Madam Mayor, I want to thank you for your service. De Weerd: Thank you. Leisle: Enjoy your time out of City Hall in retirement. De Weerd: Thank you. I appreciate that, Bryan. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Meridian City Council Meeting Agenda October 8, 2019 – Page 41 of 253 Meridian City Council September 24, 2019 Page 39 of 49 Cavener: You can sit down. I just -- I want to point out for Council -- Bryan is on our transportation commission, has been a staunch advocate of people who ride bicycles and pedestrians in our community. I appreciate you being here and your service to the community. Yours is a voice that when you speak up my ears tune in. I appreciate you being here tonight. De Weerd: You know, I just recently came back from the Netherlands and bicyclists have the top priority on the road and if you go there you will understand why. But they don't allow a phone in a hand, because of the pedestrian piece, the bicycle piece. I would invite you to stand on any street corner in our community and just watch drivers and see how many cell phones are in the hands. We did seatbelt safety and we were watching cars to see how many people we ar their seatbelts. It became so distracting looking at the number of phones in people's hands, it was hard to keep our teens focused on the seatbelt when all they could see were people using their cell phone devices, so -- and, lastly, go to a school zone and watch those crossing guards and those buses and there are many many near misses because traffic is watching their phone, not our kids. Mr. Clerk. Sorry. Johnson: Madam Mayor, next -- De Weerd: Since we are getting used to soap boxes right now. Johnson: Jim Nunely is next. De Weerd: Jim. This is a public hearing. Is there anyone who wishes to provide testimony on this? Yes. LaFever: Denice LaFever. 6706 North Salvia Way. And I want to commend you guys for going back through and articulating your ideas. Win, lose or draw, I love to hear what's going on. Thank you. I just have a question. Is the problem mobile cell phone -- I mean the cell phone in your hand or is it cell phones in general? Because I have seen it both ways and I personally ask myself the question is it worth killing myself or somebody else when I go pick up the phone. But, you know, the real question is is there an issue with people talking on cell phones that aren't holding on to it? Because I see that as well when I'm out driving around people just aren't going. I really think this is one of those kind of things, though, that you put forward that maybe it needs to come to a vote and a resident needs to make that determination if it's something they want in their community. It's a pretty big thing cell phones. They are really important. There is different reasons that people are on their phone. I agree there are issues with it. I thinks it's very frustrating when you're sitting at a light and even if somebody's holding onto a phone or not holding onto a phone, you can tell they are sitting there talking and they are not going. And so you're getting more honking on the phone. But I do think maybe we should think about sending this on out to a vote to the people. De Weerd: Advisory votes are -- it looks like there is a need for legislation to even ask our citizens what they think, so -- we just talked about that earlier. Meridian City Council Meeting Agenda October 8, 2019 – Page 42 of 253 Meridian City Council September 24, 2019 Page 40 of 49 LaFever: Thank you. De Weerd: But I would agree with you. Any questions for Ms. LaFever? Okay. Thank you. Any other thoughts? We would love to hear you weigh in. I imagine there are people sitting in the audience because they were interested in this. Okay. Council? Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Since we started this discussion I have paid closer attention at intersections and people driving down the streets. It's amazing when you're stopped at an intersection how many people just automatically go to their cell phones. I'm not saying it's a hundred percent. I can't even put a percentage on it, to be honest with you. I would be remiss to -- I wouldn't be honest with you, the citizens of Meridian that are listening and watching to put a percentage on it, but it's enough. It is a concern and I had a daughter that just recently got done with drivers training and -- and she watched the videos and she watched -- she heard what was spoken to the class. The dangers of texting and driving or being on your cell phone while driving and I'm not a hundred percent. I would be lying to say that I haven't stopped at the stoplight and check a quick text or -- I have ADD sometimes and I forget. So, if I don't get to it real quick I feel like I will forget, so I will just send off a quick e-mail and I have been one of those guys that have been honked at and I wave, I'm sorry, but it is a problem and I think as a role of -- to me this isn't -- my personal opinion -- it's not an issue of whether the government should get more involved or more relaxed. For me it's an issue of public safety and I was elected by the citizens of Meridian running to look after the safety of the -- of the city and when I see people dying and when I see road rage incidents, when I see inattentive driving, near misses, it -- it causes concern and so -- those are my thoughts. De Weerd: Okay. Other comment? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Hearing from the public has been really helpful. Over the last couple weeks -- and I would have hoped more would have shown up for tonight and maybe if this is continued we will get more input, but there seems to be two camps of individuals that ask questions and in one camp the most common response I get in the discussion is either utilize existing laws or you have -- the state should be the solution. Those aren't wrong opinions, but most of those opinions are premised upon accepting that as the problem that deserves a solution and, then, the disagreement is only what mechanism do we use to solve it. So, to that camp I find everyone in agreement that some action needs to be taken -- could be taken to solve it and very -- very few and very rare do I hear a comment that it should just be permitted and some of the metrics that the chief provided last month -- and we talked about the -- the financial cost, the economic loss, Meridian City Council Meeting Agenda October 8, 2019 – Page 43 of 253 Meridian City Council September 24, 2019 Page 41 of 49 the deaths and injuries that are caused directly by it -- it be, in essence saying I'm okay with that level of crashes and fatalities in my community and that's an acceptable amount of economic loss in exchange for the liberty to talk on my cell and be distracted. I don't hear that a lot. So, maybe that's -- maybe that doesn't really hold a lot of water. So, everyone's really in the -- if most common -- most common is the argument that utilize existing laws or have the state solve it, to me begs the question of why don't we. So, as we gather more input I haven't heard the compelling argument that would say distracted or cell phone usage while you drive. We are willing to accept th e cost within our community that it clearly provides and we have the data that you would, in essence, be accepting if we didn't act. So, I found that to be -- I guess it's an interesting observation when we get public input on it, so it seems like we have an opportunity to do something. De Weerd: Well -- and two of those three tools have been bantered around are misdemeanors and not infractions and the infraction piece I think allows some flexibility with our law enforcement to talk about it and educate and I think that's one of the things we did very well when the City Council had passed the texting while driving law before the state did, it allowed our police officers the opportunity to have the conversations with citizens and -- and even then have -- reserve judgment on the level of severity and being judicial in how they use that tool. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Is it legal to have a dog in your lap while driving? Dogs. Babies. I mean I see that a lot as well. I mean there is a lot of things that we could just pile onto it, but -- but this is the -- I don't know. De Weerd: The public hearing is about cell phones. Borton: Madam Mayor, to that point I think that -- here is why that's an interesting question is intuitively I would say it doesn't happen very often and cause economic loss and injury to others. I know we have got data on distracted driving. I would be open to hear data on crashes caused by dogs in a lap or a baby. I mean if it's common, it's common and if there is data out there, great, so -- Palmer: Madam Mayor. I was just asking because -- I mean this -- this is already determined that this is going to pass and -- but I'm just wondering if there is any way we could make it better by maybe adding a few things that, obviously, happen out there and -- countless dogs hanging out driver windows. Borton: So -- Madam Mayor. To that, it's a public hearing, it's a first read. We might continue this to a second read. I don’t know what's going to happen, but anyone in the public or on Council wants to articulate the reason why the -- the costs that the chief has described for us are ones we should accept and nonaction is the more appropriate Meridian City Council Meeting Agenda October 8, 2019 – Page 44 of 253 Meridian City Council September 24, 2019 Page 42 of 49 course and to tell our community that we like that much economic loss and we are okay with people getting hit and articulate it. I mean it's a public hearing. I would love to hear it. I don't know how you make that argument, but if there is an argument to be made I'm all ears in consideration of whether or not we should act on this ordinance. De Weerd: Any other comments? I mean we still have an open public hearing. We could keep it open and have the three readings. I'm just looking for a directive. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: As it's currently proposed I am not supportive. I got to be honest, I am so floored that we had two people show up. Hop on the internet -- oh, sorry. I said I was floored that only two people that testified. Hop online on social media and everybody is talking about this and everybody is an expert, everybody's got an opinion. My phone has rang. I know many of you have heard from constituents. I have as well on both sides. The fact that only two people -- and, Denise, I love it, you're here every week, so I mean really -- we had one person who cared about this issue so much to come down and talk to us. That disappoints me. I received and so I correspond with constituents -- studies that show that distracted driving is as deadly as drinking while driving. That's a big deal. I don't know if the infraction warrants if this is as deadly as getting behind the wheel after getting sauced -- an infraction doesn't seem correct. So, I'm supportive of continuing the public hearing and I hope we have got our friends from the media here, who I'm sure will do a great story on this and I hope that if I ever get quoted that they say come and testify and tell us what you think. Comments on Facebook or Twitter DM's don't. I want to hear from people who care about this is sue enough to come and talk to us. Bongiorno: Mayor and City Council. De Weerd: Mr. Bongiorno. Bongiorno: Thank you. I concur with chief and thank you, Council Member Bernt and Council Member Borton, for bringing up the deaths. As the guy that's been out on the street cutting these people out of their cars because of distracted driving -- I have a certain 17 year old girl that is in my mind constantly out on Eagle Road that -- so to Council Member Cavener's point, this can't wait. I am surprised it's been this long as it is that -- that nothing has been done, because the deaths are a tragedy and they can be averted and hands free will help. That's the Fire Department's thoughts. De Weerd: Thank you. Nary: Madam Mayor? De Weerd: Mr. Nary. Meridian City Council Meeting Agenda October 8, 2019 – Page 45 of 253 Meridian City Council September 24, 2019 Page 43 of 49 Nary: Madam Mayor, Members of the Council, I would ask if -- if the desire is to continue -- I have spoken with our prosecuting agency and gotten their feedback. They have made a couple of minor suggestions in regards to the definition section that we would correct. As we spoke at the beginning, if the desire is to continue the hearing would like to know what your thoughts are in regards to the punishment. If you're not ready to make that direction tonight that's fine as well. But that's -- that's not even contained currently in the ordinance. It just makes it unlawful, which would put it into a generalized category in the city code and actually would make it a misdemeanor. So, I don't know that that's your intent, but just wanted you to be aware that we would still seek that direction on the penalty provision if this is the desire. In speaking with -- with the prosecuting agency -- and this kind of helps maybe Council Member Bernt's question about is the laws that we currently have adequate -- I was a prosecutor for a long time, but I haven't been one for a long time. In my experience you would not get a judge to agree under the way inattentive driving is written in the state code to cite somebody for that for merely speaking on a phone, possibly drifting out of a lane, possibly driving above or below the speed limit slightly, without a collision or at least a near collision that the officer witnessed, we would not have anybody convicted of that. I asked that of our prosecuting agency's supervising attorney today, I said that's been my experience, has that changed, and she said no. That's exactly the way it is today. So, inattentive driving is not an adequate code for what this behavior is trying to address. So, there isn't something currently adequate in code to deal with this type of thing, so -- Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: And I understand that the argument that the chief is making that it's -- if no one was talking on their phone, then, it's never going to be the cause of swerving out of your lane or speeding or whatnot, but to the point that you just made, isn't speeding, no matter how -- how little over the speed limit or swerving out of a lane, aren’t those already illegal? Nary: Yes, those are illegal. Palmer: So, while they may not fall under the -- the laws of inattentive driving, they are still illegal actions to have done, regardless of the cause of them. Nary: Yes. De Weerd: Chief, do you have any comments after taking testimony and some of the questions and discussion? Lavey: Madam Mayor, I don't know if some of the questions were actual questions or if they were kind of rhetorical statements, but as far as the dog in the lap, it's interesting that you bring that up, because there is a lot of states that have actually made that a law. They've actually put it in place that says an animal has to be restrained inside your Meridian City Council Meeting Agenda October 8, 2019 – Page 46 of 253 Meridian City Council September 24, 2019 Page 44 of 49 car. It can't be in your lap. And this -- if you do that this is the penalty. Not our state. Other states. In our state it would be the same action as anything else in the car. If that was the subject of the reason what caused you to crash or near crash , then, you could be issued an inattentive driving ticket. If the dog is merely hanging out the window, h ow do you prove that that's a distraction inside the car. I don't -- I don't know. Our surrounding states, our neighbors have figured out that the only way they have been able to address this -- because people have chose to not do the right thing -- is to make it a law. Currently in Washington and currently in Oregon and currently in Nevada, which I believe all surround Idaho, make it unlawful to have that cell phone in your hands. I suspect in the state of Idaho that also is going to be true. But we operate just a little bit slower and, then, maybe one year, it may be two years, it may be five years before that becomes law. It's coming. The challenge I have that I make to you is can we wait. Can we afford that knowing the burden it is creating on everybody's lives and I know that every one of us in here has probably been on our phones when they shouldn't have been. Ask yourself how would you sleep if you struck and killed somebody because you weren't being safe and you were just being lucky. We need to act on this. I will stand for any other questions. De Weerd: Any additional questions -- any other questions for the chief right now? Okay. Lavey: Madam Mayor, just for the record I will not be here next week, I will be out of town, so if you make some sort of decision that requires me to be here just keep in mind I can't be here next week and someone will have to fill in for me. Thank you. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I would -- I would be supportive of continuing this -- this dialogue. I have three points that I would like to continue to discuss. Number one is the level of infraction, the penalty that's associated with it. I guess that's our point was let's continue to discuss further, so -- those are the two points that I wanted to -- I just think it's important that we should talk about, you know, how much it's going to cost, what's the penalty going to be and level or infraction -- level of the infractions. So, those are my two concerns. But I'm in favor of continuing the discussion. De Weerd: So, Mr. Nary, can you reach out -- I -- I don't know if the other cities that have passed something have detailed what that penalty is, if it's an infraction or a misdemeanor, and it sounded like from the chief's presentation there is a set amount for infractions that is a law. Ninety bucks? Ninety dollars. Nary: Madam Mayor, for current moving violation for a speeding ticket, there is a set fine and there is a set court cost and it averages -- it comes out to about 93 dollars. But, again, in the infraction code you have the ability to set an infraction to up to 300 dollars. It used to be the maximum fine was one hundred. That's not taking into account Meridian City Council Meeting Agenda October 8, 2019 – Page 47 of 253 Meridian City Council September 24, 2019 Page 45 of 49 the court costs and fees. So, the fine part is what you have the authority to control or direct. It was contemplated by the legislature last session to have graduated citation for first and second and subsequent offenses of an infraction. I believe -- and I'm not a hundred percent certain -- it was a hundred dollars I think, then 200 dollars and, then, 300 dollars. So, you have that ability to set those infraction fines and, then, the court costs get tacked on top of that and the court costs end up being 50 to 60 bucks. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I'm supportive of the principle to continue a couple weeks, maybe to the 8th if the chief is here then. Whatever clean up language in the draft that comes from the city, if there is some structure to -- to punishment provision -- we don't know what it will be, but perhaps you can include the structure to it, at least so the public sees kind of how it might be laid out and decide that at a future date. One of the principles that you described when we get to that discussion in a couple of weeks is it's intended in large part to be an educational tool and it has a deterrence effect, but an opportunity for people to learn and we have used things like Alive At 25 as a -- as a carrot to try and educate -- especially for younger drivers, so for a future discussion there might be some opportunities to make a tool like this, if it were to go forward, and were successful. So, future discussion. But the 8th makes sense. De Weerd: Okay. Do I have a motion to continue the public hearing? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I will answer your question with a question. What we could do, perhaps, on the 8th is we could have it as a public hearing during the workshop and have a public hearing at 6:00 o'clock. Is that possible, Mr. Nary, in the off chance it's easier for someone to show up during the day if they can. If not, the one at 6:00 o'clock. Maybe have them both. Nary: You can do both. Cavener: That's a great idea. Borton: Okay. Nary: Madam Mayor, I would suggest, since we will be making some slight modifications that we continue it as another first reading. Borton: Okay. And the ordinance -- Madam Mayor. The ordinance would be at the 6:00 o'clock, first reading part; right? Meridian City Council Meeting Agenda October 8, 2019 – Page 48 of 253 Meridian City Council September 24, 2019 Page 46 of 49 Nary: Yes. Borton: Okay. Madam Mayor? De Weerd: Mr. Borton. Borton: I move we continue -- De Weerd: 7-D. Borton: -- 8-A. De Weerd: 7-D. Borton: 7-D. Excuse me. 7-D to October 8th. We will continue that public hearing to occur at 4:30 during the workshop and, then, at 6:00 o'clock during the regular meeting where the ordinance will be presented for a new first reading. Bernt: Madam Mayor? De Weerd: Can I get a second before we have discussion. Cavener: Second. De Weerd: Okay. I have a motion and a second. Mr. Bernt. Bernt: You have two Council Members that won't be here on the 8th. I won't be here and Councilman Cavener will not be here on the 8th. De Weerd: Okay. How about the 15th? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Sorry, my mic is -- this is awesome. I'm must quieter tonight than I normally am. I don't have any objections to having the public hearing on the 8th. I -- it's possible that Council would make a decision, but if it's the first reading you wouldn't make a decision that night anyway; correct? Nary: No unless you directed it. Cavener: Yeah. So, I don't -- Borton: You could. Meridian City Council Meeting Agenda October 8, 2019 – Page 49 of 253 Meridian City Council September 24, 2019 Page 47 of 49 Cavener: Madam Mayor, that is the risk we as Council Members take when we are not here for the people's business. So, if that's -- Council takes action and I'm not here with my soapbox, then, that's folly on me. De Weerd: Okay. I do have a motion to continue to October 8th. Cavener: Madam Mayor. Sorry. Just a couple other commen ts on this and, then, we can move on. I want to thank the chief and Legal Department, Bill Nary. This is one at first blush I was like I don't want -- I'm not behind this. But when your law enforcement, Legal Department say these are tools that we need , I take note. I know we have got some Council Members that have made up their minds we are going to do this, other Council Members saying that we don't want to do this. I am really still conflicted on this and so I am hoping that we hear from members of the public that share their perspective. Council Member Borton brings up a good point. It's rare that we hear from somebody who says this isn't a problem. The arguing is about what's the best way to solve it. Bernt: Right. De Weerd: Okay. I do have a motion and a second to continue the public hearing to October 8th. All those in favor say -- Borton: Madam Mayor, sorry to interrupt real quick. De Weerd: Okay. Borton: I just -- I don't know if people have made up their minds or not. De Weerd: I don't think they have. Borton: I think this public hearing process is pretty important. The -- lots of people -- or a few people all are what we weigh to determine, so I don't think anything is decided whether it happens at all or what version could happen. So, I think stay tuned, that's why the public process continues. Cavener: Fair enough. De Weerd: So, I have a motion and a second to continue this to October 8th. All those in favor say aye. Any opposed say nay. Okay. The ayes have it. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Bryan, I think -- I love your passion on bike -- bicycle safety. I think the only way we are going to start changing people's behavior is to give them safe -- safe avenues to -- to bike, both for transportation options and for recreation. It's frightening on the roads as a -- as a bicyclist and you raise a really good point in terms of driver Meridian City Council Meeting Agenda October 8, 2019 – Page 50 of 253 Meridian City Council September 24, 2019 Page 48 of 49 inattentiveness is scary and I don't want it to be one of my grandkids that sacrifices themselves to proof that very point. So, thank you for being here tonight and thank you for your service. Item 8: Ordinances A. First Reading of Ordinance 19-1852: An Ordinance Adding Meridian City Code Section 7-1-14, Prohibiting the Use of Handheld Electronic Mobile Devices While Operating a Vehicle; Adopting a Savings Clause; and Providing an Effective Date. De Weerd: Okay. So, we will remove Item 8-A, because we will have a different reading to -- to publish. Item 9: Future Meeting Topics De Weerd: Okay. Anything under nine for future meeting topics? Item 10: [Amended onto Agenda] Executive Session per Idaho State Code 74 - 206(1)(d) To consider records that are exempt from disclosure as provided in Chapter 1, Title 74, Idaho Code De Weerd: If not I move to our amended agenda for Executive Session and entertain a motion. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move we go into Executive Session pursuant to Idaho State Code 74 - 206(1)(d). Cavener: Second. De Weerd: I have a motion and second to adjourn into Executive Session. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. EXECUTIVE SESSION: (8:38 p.m. to 8:51 p.m.) De Weerd: I would entertain a motion to come out of Executive Session. Cavener: So moved. Meridian City Council Meeting Agenda October 8, 2019 – Page 51 of 253 Meridian City Council September 24, 2019 Page 49 of 49 Little Roberts: Second. De Weerd: All in favor? MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Do I have a motion to adjourn? Cavener: So moved. Little Roberts: Second. De Weerd: All in favor? MOTION CARRIED: FIVE AYES. ONE ABSENT. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 8:51 P.M. (AUDIO RECODING ON FILE OF THESE PROCEEDINGS) MAYOR T 10 i 8 i 201 � DATE APPROVED ATTEST' O�QOap,TE0 AV 0 CH Si - LE E IDI ANS. 4 �CAHp m SEAL TRE EIDIANn-- � J CITY COUNCIL REGULAR MEETING AGENDA September 24, 2019 Agenda Item Number: 6 Item Title: Future Meeting Topics — Public Forum (Up to 30 Minutes Maximum) Signing up prior to the start of the meeting is required. This time is reserved for the public to address their elected officials regarding matters of general interest or concern of public matters and is not specific to an active land use/development application. By law, no decisions can be made on topics presented under this public comment section, other than the City Council may request that the topic be added to a future meeting agenda for a more detailed discussion or action. The Mayor may also direct staff to further assist you in resolving the matter following the meeting Meeting Notes: 1* 0 S ; y UPS 9/24/2019 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 9/24/2019 Hearing Type: Public Forum Active: *-* There are no signatures posted for this meeting type yet. Go Back To List Export To Excel © 2019 - City of Meridian, Idaho http:Hi nternalapps/SIGN INFORM TOOLS/Si gnlnForm Detai Is?id=328 1/1 �� Q/rE IDIAN*,--IZ �J CITY COUNCIL REGULAR MEETING AGENDA September 24, 2019 Agenda Item Number: 7 A Item Title: Request to Relinquish Lands from Meridian Planning Area For Property at 1370 W. Lake Hazel Rd. Meeting Notes: ve j,jesi C�n',e� I TEM SHEET C ouncil Agenda I tem - 7.A . Presenter: Caleb Hood Warren S tewart Es timated Time for P res entation: Title of Item - Request to Relinquish Lands from Meridian P lanning Area for P roperty at 1370 W. Lake Hazel Rd. During the S ep tember 3rd C o uncil meeting, C aro lyn Vaught, a real estate agent repres enting the property o wner at 1370 W. Lake Hazel, reques ted the C o unc il write a letter to Kuna releas ing the property fro m our P lanning Area. P lanning, P ub lic Works and Legal S taff have met to disc uss imp acts of this reques t and will s hare with the C ounc il. C ouncil Notes: RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 9/20/2019 - 1:02 P M Meridian City Council Meeting Agenda September 24, 2019 – Page 3 of 69 EIDIAN,! - � J CITY COUNCIL REGULAR MEETING AGENDA September 24, 2019 Planning and Zoning Public Hearings Staff Outline and Presentation Meetina Notes: Changes to Agenda: Item #7B: Victory Commons MDA (H-2019-0091) continued to October 15, 2019 due to a noticing error. Item #7C: Millbrae Subdivision (H-2019-0066), continued from September 3, 2019 Application(s): ➢ Annexation ➢ Preliminary Plat Size of property, existing zoning, and location: This site consists of 8.79 acres of land, zoned RUT, located at the northwest corner of W. Cherry Lane and N. Black Cat Rd. History: none Comprehensive Plan FLUM Designation: Currently LDR Summary of Request: Annexation and zoning of 8.79 acres of land with an R-8 zoning district and Preliminary Plat consisting of 41 SFR building lots and 5 common lots for the development of detached homes at a gross density of 4.7 dwelling units per acre. This is slightly higher than the 3 dwellings per acre standard associated with the low density residential FLUM designation this property currently has. The applicant is requesting a “step-up” in density, to a MDR designation. The comprehensive plan does allow for “step- ups” in density and the applicant’s request meets the required criteria. In addition, through the ongoing comprehensive plan update this property is designated to being changed to a MDR designation in the current draft of the new plan. Since the proposed density fits with the surrounding neighborhoods densities and the applicant’s request is in-line with this potential future change, staff is comfortable with the applicants “step-up” request. At the direction of Commission, the applicant has worked with the neighbor to the west to relocate the stub street to their property. In response to conditions listed in the staff report, the applicant has provided a revised open space calculation showing 11.9% open space. Amenities in the subdivision include a children’s play structure, multi-use pathways along both Black Cat and Cherry Lane, a picnic shelter, and seating areas. The applicant has submitted conceptual elevations for the single-family homes as shown. Commission Recommendation: approval Key Issues of Discussion during September 3, 2019 Council meeting: i. Concern over requested “step-up” in density from LDR to MDR. ii. Concern over the location of the access point on N. Black Cat Rd and the discussion around the potential a left-hand turn lane on N. Black Cat Rd. going into the subdivision. Council directed the applicant to meet with ACHD to try to address these concerns. Outstanding Issues for City Council: i. Council approval of the requested “step-up” in the FLUM density from LDR to MDR. ii. After reaching out to the property owner to the west, the applicant submitted a revised plat moving the stub street slightly to the south. Staff has reviewed the new layout and found it in compliance with code. With this change, staff recommends the following changes to clean up the conditions in the staff report: 1. Modify DA provision 1b. and condition of approval No. 5: replace the reference to Block 2 with Block 1. 2. Modify condition of approval No. 4: Prior to Final Plat submittal, revised the landscape plan to match the plat, dated July 28, 2019. 3. Incorporate revised conditions of approval from ACHD. Notes: City Council Meeting September 24, 2019 CURRENT Future Land Use MapZoning Map DRAFT Future Land Use Map Conceptual Elevations 1.DA provision 1b. and condition of approval No. 5: replace the reference to Block 2 with Block 1. 2.Condition of approval No. 4: Prior to Final Plat submittal, revised the landscape plan to match the plat, dated July 28, 2019. 3.Incorporate revised conditions of approval from ACHD. Due to revised plat, staff recommended changes to the conditions of approval Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2019-0066, as presented in the staff report for the hearing date of September 24, 2019: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2019-0066, as presented during the hearing on September 24, 2019, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2019-0066 to the hearing date of (insert date) for the following reason(s): (You should state specific reason(s) for continuance.) EIDIAN+�— DAJ CITY COUNCIL REGULAR MEETING AGENDA September 24, 2019 Agenda Item Number: 7 B Item Title: Public Hearing for Victory Commons MDA (H-2019-0091) By BVA Development, LLC., Located at 130 E. Victory Rd. and 3030 S. Meridian Rd. 1. Request: Modified Development Agreement for the purpose of removing the subject property from DA Instrument #106155843 and to be placed into a new, separate Development Agreement. Meeting Notes: 2emurd +)o O��be� I S, 20 �q �rorl +6 A3n�j � I TEM SHEET C ouncil Agenda I tem - 7.B . Presenter: Estimated Time f or P resentation: 0 Title of I tem - Public Hearing for Victory Commons M D A (H-2019-0091) by B VA D evelopment, L L C . L ocated at 130 E. Victory Rd. and 3030 S . M eridian Rd. C lic k Here for Applic ation Materials C ouncil Notes: RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 9/20/2019 - 12:59 P M Meridian City Council Meeting Agenda September 24, 2019 – Page 4 of 69 EIDIAN>_- I DAHJ CITY COUNCIL REGULAR MEETING AGENDA September 24, 2019 Agenda Item Number: 7 C Item Title: Public Hearing Continued from September 3, 2019 for Millbrae Subdivision (H-2019-0066) By WHPacific. Located at 4888 and 4920 W. Cherry Ln. 1. Request: Annexation and Zoning of 8.79 acres of Land with an R-8 zoning district; and, 2. Request: A Preliminary Plat Consisting of 41 Building Lots and 5 Common Lots on 8.79 acres of land. Meeting Notes: N o . C.vr-" ev' I TEM SHEET C ouncil Agenda I tem - 7.C. Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing Continued from S eptember 3, 2019 for M illbrae Subdivision (H- 2019-0066) by WHP acific, L ocated at 4888 and 4920 W. Cherry Ln. C lic k Here for Applic ation Materials C lic k Here to S ign Up to Tes tify at Hearing C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Commission Recommendations S taff Report 8/28/2019 Minutes from September 3, 2019 P ublic Hearing Cover Memo 9/20/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 9/20/2019 - 1:02 P M Meridian City Council Meeting Agenda September 24, 2019 – Page 5 of 69 9/24/2019 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 9/24/2019 Hearing Type: Council Item Number: 7-C Project Name: Millbrae Subdivision Project No.: H-2019-0066 Active: Signature City- I Wish To Sign In Address For Against Neutral Name State -Zip Testify Date/Time William 5120 W Cherry Lane, 9/24/2019 X X McEwen Meridian Id 83642 1:30:09 PM 4888 W. Cherry Lane 9/24/2019 Bradley Law X X Meridian 5:51:51 PM 9/24/2019 Sandra Law 4888 W Cherry Lane X 5:52:29 PM Valerie 9/24/2019 4888 W Cherry Lane X Heiberg 5:53:14 PM Clinton 9/24/2019 819 n 19th st boise id 83702 X peterson 5:54:22 PM 9/24/2019 Kent Bleak 4920 west cherry In X 5:55:26 PM April 9/24/2019 819 n 19th st boise id 83702 X X peterson 5:56:20 PM Pamela 9/24/2019 3881 39th st Boise ID 83703 X Rogers 5:57:09 PM 9/24/2019 Fred Depold X 5:58:10 PM Michael D 9/24/2019 1855 N Black Cat Rd X Pearson 6:06:58 PM http://i nternalapps/SIGN IN FORMTOOLS/SignlnForm Detai Is?id=317 1/2 9/24/2019 Go Back To List Export To Excel © 2019 - City of Meridian, Idaho City of Meridian - Public Hearing Sign In Form Tools http:Hi nternalapps/SIGN INFORM TOOLS/Si gnlnForm Detai Is?id=317 2/2 Page 1 HEARING DATE: 9/3/2019 TO: Mayor & City Council FROM: Kevin Holmes, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0066 Millbrae Subdivision LOCATION: 4888 and 4920 W. Cherry Lane, in the SE ¼ of the SE ¼ of Section 4, Township 3N., Range 1W. I. PROJECT DESCRIPTION Annexation & zoning of 8.79 acres of land with an R-8 zoning district and preliminary plat consisting of 41 building lots and 5 common lots. Note: At the July 18, 2019 Planning and Zoning Commission meeting, the Commission instructed the applicant to work with the owner of the neighboring property to the west to determine an appropriate location of the stub street to their property. As a result of those discussions, the stub street has shifted farther to the south (see Exhibit B). The total number of buildable and common lots remains the same as the original submittal. Staff has reviewed the change and deemed it in compliance with Meridian City Code. ACHD has also reviewed the revised plat and approved the relocation of the stub street via email but has not submitted a revised staff report to the City. Because the revised plat was submitted after the P/Z hearing, several conditions of approval must be amended to coincide with the proposed change. Staff’s recommended changes to the conditions of approval are provide in Section VI. below. STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda September 24, 2019 – Page 6 of 69 Page 2 II. SUMMARY OF REPORT A. Project Summary B. Community Metrics Description Details Page Ada County Highway District 34 • Staff report (yes/no) Yes • Requires ACHD Commission Action (yes/no) No Access (Arterial/Collectors/State Hwy/Local)(Existing and Proposed) One (1) access proposed via N. Black Cat Rd. (arterial) Traffic Level of Service Stub Street/Interconnectivity/Cross Access One (1) local street (W. White Birch St.) stubbed to the parcel to the west (parcel No. S1204449100) Existing Road Network Existing Arterial Sidewalks / Buffers No existing sidewalk along N. Black Cat Rd. or W. Cherry Ln. – 10-foot multi-use pathway required along both Proposed Road Improvements Distance to nearest City Park (+ size) Fuller Park: +/- .75 miles Fire Service 28 • Distance to Fire Station ~1.6 miles from Fire Station No. 2 • Fire Response Time 3 minutes (under ideal conditions) • Resource Reliability 81% (does not meet target goal of 85% or greater) • Risk Identification 2=residential with hazards. Current resources would not be adequate to supply service to this proposed project. Risk factors may include the potential for water rescue as there is a pond shown on the plat. Meridian Fire Department does not have a water rescue team and mutual aid from another Description Details Acreage 8.79 Future Land Use Designation LDR (3 or less du/acre) Proposed Future Land Use Designation Request for “step up” in density to MDR (medium density residential – 3 to 8 units/acre) without a change to FLUM Existing Land Use Rural residential/agricultural Proposed Land Use(s) SFR Current Zoning RUT Proposed Zoning R-8 Lots (# and type; bldg/common) 46 (41 bldg./5 common) Number of Residential Units (type of units) 41 SFR Density (gross & net) 4.7 du/acre gross; 7.4 du/acre net Open Space (acres, total [%] / buffer / qualified) 1.01 acres, 11.5% qualified open space Amenities Children’s play structure, picnic shelter, multi-use pathway and seating areas Physical Features (waterways, hazards, flood plain, hillside) N/A Neighborhood meeting date; # of attendees: May 6, 2019; 7 attendees History (previous approvals) N/A Meridian City Council Meeting Agenda September 24, 2019 – Page 7 of 69 Page 3 Description Details Page department may be needed. Other hazards may be found once the development is completed.) • Accessibility Project meets all required access, road widths and turnarounds. The subdivision will be limited to 30 building lots until the secondary access is completed. • Special/resource needs Project will not require an aerial device. In the event of a hazmat event, there will need to be mutual aid required for the development. In the event of a structure fire an additional truck company will be required. This will require additional time delays as they are not available in the city. • Water Supply 1000 gal./minute for 1 hour required • Other Resources Police Service 31 • Distance to Police Station ~5 miles • Police Response Time 4-5 minutes (+/- 1 minute higher than average response time in Meridian) • Calls for Service Between 4/1/2018-3/31/2019 PD responded to 154 calls for service within a mile of the proposed development. • % of calls for service split by priority See PD comments in Section VIII. D • Accessibility No issues with access to the proposed site. • Specialty/resource needs No additional resources required. • Crimes 28 • Crashes 3 West Ada School District 34 • Distance (elem, ms, hs) Ponderosa Elementary: +/- 1.7 miles Meridian Middle School: +/- 2.6 miles Meridian High School: +/- 2.4 miles • Capacity of Schools Ponderosa Elementary: 650 students Meridian Middle School: 1,250 students Meridian High School: 2,400 students • # of Students Enrolled Chaparral Elementary: 660 students Meridian Middle School: 1,172 students Meridian High School: 1,913 students Wastewater • Distance to Sewer Services 0 Ft. • Sewer Shed North Black Cat Trunkshed • Estimated Project Sewer ERU’s See application • WRRF Declining Balance 13.69 • Project Consistent with WW Master Plan/Facility Plan Yes • Impacts/Concerns Flow Commitment for Parcel has been updated (6,273 gpm total flow; 185 gpd Infiltration flow). Water • Distance to Water Services 0 Ft. • Pressure Zone 1 • Estimated Project Water ERU’s See application • Water Quality Concerns None Meridian City Council Meeting Agenda September 24, 2019 – Page 8 of 69 Page 4 Description Details Page • Project Consistent with Water Master Plan Yes • Impacts/Concerns Applicant to extend water main north in Puma Ave to connect with water main in White Birch St (assuming they snapped the water main to the centerline instead of water line in White Birch). Show water in White Birch connect to existing water in Black Cat (currently shows connecting to sewer, again probably just snapping to the wrong line in CAD). C. Project Area Maps Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda September 24, 2019 – Page 9 of 69 Page 5 III. APPLICANT INFORMATION A. Applicant/Representative: Jane Suggs, WHPacific, Inc. 2141 W. Airport Way, Suite 104 Boise, ID 83705 B. Owners: Sandy Law 4888 W. Cherry Lane Meridian, ID 83642 Kent and Nancy Bleak 4920 W. Cherry Lane Meridian, ID 83642 IV. NOTICING Planning & Zoning Posting Date City Council Posting Date Newspaper Notification 6/28/2019 8/16/2019 Radius notification mailed to properties within 300 feet 6/25/2019 8/13/2019 Applicant posting 7/8/2019 8/23/2019 Nextdoor posting 6/25/2019 8/13/2019 V. STAFF ANALYSIS The proposed annexation area is contiguous to City annexed property to the north, south, and east and is within the Area of City Impact Boundary. A legal description for the annexation area is included in Section VII.A. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the provisions included in Section VIII. A. Future Land Use Map Designation (https://www.meridiancity.org/compplan) Low Density Residential (LDR) – LDR designated areas allow for the development of single- family homes on large lots where urban services are provided. Uses may include single-family homes at gross densities of three (3) dwelling units or less per acre. The Applicant requests a “step up” in density to MDR (Medium Density Residential) without an amendment to the Future Land Use Map (FLUM). The MDR designation allows smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre. The applicant is proposing 41 building lots and five (5) common lots. The gross density of the proposed development is 4.7 units per acre. In residential areas, the Comprehensive Plan provides for other densities to be considered without requiring an amendment to the FLUM; however, the density can only be changed one “step” (i.e. from low to medium, not low to high). The gross density of the proposed development is 4.7 units per acre which is 1.7 units per acre more than allowed in the LDR Meridian City Council Meeting Agenda September 24, 2019 – Page 10 of 69 Page 6 designation. Additionally, the soon to be adopted Comprehensive Plan update has modified the area in which the subject site is proposed to be medium density residential. Staff is amenable to the request as it is only a slight increase, is consistent with surrounding subdivisions (Burlingame Subdivision to the north and west was granted the step-up), and is supported by the pending Comprehensive Plan update. B. Comprehensive Plan Policies (https://www.meridiancity.org/compplan): Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): • “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City services are available to be extended by the developer to the proposed lots with development in accord with UDC 11-3A-21. • “Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets).” (3.03.02O) The applicant proposes to stub a local street to the west for future extension should the property to the west redevelop. • “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) Staff finds that the existing single-family residential properties to the northwest, south, and east, as well as the church to the north and Montessori school to the west, are compatible with the proposed single-family residential development. • “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) The proposed development includes one (1) access via an arterial street (N. Black Cat Rd.), and provides a stub street to the west for future redevelopment; another possible access to an arterial road (W. Cherry Ln.) is not proposed. • “Require usable open space to be incorporated into new residential subdivision plats.” (3.07.02A) The proposed development includes an approximately 28,736 square foot centrally located common area lot with a children’s playground area, picnic area and large open vegetative space for general use. • “Consistent with the Transportation and Land Use Integration Plan, require all new residential neighborhoods to provide sidewalks, curb and gutters, and complete streets.” (3.07.02B) The applicant has proposed a public roadway extending throughout the proposed development and stubbed to the west with five-foot attached sidewalks to increase vehicular and pedestrian connectivity within the proposed development and to a potential future development to the west. C. Existing Structures/Site Improvements: There is one (1) existing home on this site that is not going to be removed and is located on proposed Lot 1, Block 2. The structure proposed to remain is required to meet the setbacks of the R-8 zoning district; any additions to the lot will be subject to R-8 zoning district dimensional standards. The applicant has submitted an exhibit depicting the existing home complying with Meridian City Council Meeting Agenda September 24, 2019 – Page 11 of 69 Page 7 required R-8 dimensional standards within its proposed lot on the preliminary plat (see exhibit VII.E.) Any remaining structures aside from the home on Lot 1, Block 2 shall be removed prior to signature on the final plat by the City Engineer. D. Proposed Use Analysis: The applicant proposes to construct 41 single-family detached dwellings with one (1) existing home to remain at the northwest portion of the site (Lot 1, Block 2), with five (5) common lots. Single-family detached dwellings are listed as a principally permitted use in the R-8 zoning district per UDC Table 11-2A-2. E. Dimensional Standards (UDC 11-2): This development is subject to the R-8 zoning district dimensional standards in UDC Table 11- 2A-6 (see below). Buildable lots range in size from approximately 4,400 square feet to approximately 9,715 square feet, with an average lot size of 5,542 square feet, in accord with the UDC standard of 4,000 square feet per dwelling unit. F. Access (UDC 11-3A-3, 11-3H-4): One (1) access is proposed via N. Black Cat Rd., an arterial street; a stub street (W. White Birch Dr.) is proposed to the property to the west (parcel # S1204449100) for future extension should redevelopment occur. Meridian City Council Meeting Agenda September 24, 2019 – Page 12 of 69 Page 8 The proposed access is consistent with Comprehensive Plan action item #3.06.02D and UDC 11- 3A-3 which restricts access points on arterial streets; only one (1) access is proposed via the arterial street (N. Black Cat Rd.) and local street access is proposed to the property to the west. G. Parking (UDC 11-3C): Off-street parking is required to be provided for single-family dwellings based on the number of bedrooms per unit (i.e. 2, 3 and 4 bedroom units require 4 per dwelling unit with at least 2 in an enclosed garage, other spaces may be enclosed or a minimum 10’ x 20’ parking pad) in accord with the standards listed in UDC Table 11-3C-6. Two- and three-car garages are proposed with parking pads in front of the garages in accord with UDC standards. H. Pathways ( UDC 11-3A-8): Two (2) segments of the City’s multi-use pathway system are required adjacent to N. Black Cat Rd. and adjacent to W. Cherry Ln. in accord with the Pathways Master Plan and the Comprehensive Plan (action item #5.03.01A). The current plat and landscape plan shall be modified to include the 10-foot multi-use pathway in lieu of the five-foot detached sidewalk shown. Additionally, a 14-foot wide public pedestrian easement is required to be submitted to the Planning Division for the pathway (coordinate details with Kim Warren, Park’s Dept. 208-888-3579). I. Sidewalks (UDC 11-3A-17): Sidewalks are required to be provided with development in accord with the standards listed in UDC 11-3A-17. A five-foot attached sidewalk is proposed along the proposed public roads throughout the subdivision, in accord with UDC standards. A five-foot detached sidewalk is currently proposed along N. Black Cat Rd. and W. Cherry Ln.; the applicant shall revise the plat and landscape plan to depict the City’s ten-foot multi-use pathway in accord with the Pathways Master Plan and Comprehensive Plan. Coordination will also be required with ACHD to ensure the plans approved by ACHD includes the 10-foot wide multi-use pathways as required by the City. J. Landscaping (UDC 11-3B): The applicant has proposed to construct a 25-foot wide landscape buffer adjacent to W. Cherry Lane and N. Black Cat Rd., located outside of the approximately 50-foot right-of-way (ROW) for the expansion of both arterial roadways. There is approximately 5-15 additional feet that shall be improved with grass along N. Black Cat Rd. and W. Cherry Ln., until ACHD purchases it for the widening of each road. The future ROW along N. Black Cat Rd. and W. Cherry Ln. shall be improved with vegetative groundcover with a 10-foot gravel shoulder permitted, per the standards in UDC 11-3B-7C.5. Common open space areas are required to be landscaped in accord with the standards listed in UDC 11-3G-3E as proposed. The current landscape plan depicts stormwater detention within the proposed central open space lot. The applicant shall redesign their stormwater drainage system to allow for more usable open space in compliance with UDC 11-3G-3E. Stormwater swales shall be designed in accord with the standards in UDC 11-3B-11. Prior to the Commission hearing, the applicant should provide a detail of the swales to ensure there is adequate open space for residents to recreate. Mitigation is required for all existing healthy trees 4” caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement in accord with UDC 11-3B-10C.5. The applicant shall coordinate with the City Arborist, Elroy Huff, to confirm mitigation requirements. Meridian City Council Meeting Agenda September 24, 2019 – Page 13 of 69 Page 9 K. Qualified Open Space (UDC 11-3G): A minimum of 10% (.88 acres) qualified open space is required; a total of 1.01 acres (or approximately 11.5 %) is proposed consisting of an approximately 23,000 square foot centrally located open space, a micropathway connecting north to south, and. an open water pond. The open space exhibit shows the entirety (7,190 square feet) of Lot 5, Block 1 as qualified open space; the lot includes an access pathway that does not qualify as open space. The qualified open space exhibit shall be modified to reflect UDC standards and the applicant shall demonstrate that the minimum 10% is still met. As mentioned in item J above, the applicant should redesign the stormwater swales to allow for more usable open space. L. Qualified Site Amenities (UDC 11-3G): A minimum of one (1) qualified site amenity is required; the applicant has proposed amenities from each of the three (3) categories (i.e. quality of life, recreation, and pedestrian or bicycle circulation system) as follows: a children’s play structure, segment of the multi-use pathway, and a micropathway. With the final plat application, the applicant shall submit a detail of the children’s play equipment. Staff finds that the emergency access lane located on Lot 8, Block 2 has the potential to be utilized as a micropathway should the design be revised. The access is currently depicted as a 20- foot wide asphalt drive with four-foot solid fencing on either side. The aesthetics of the access would be improved if the lot was landscaped to the standards of a micropathway, UDC 11-3B-12. In addition, this would also allow the applicant to count the lot towards the development’s qualified open space. Lot 8, Block 2 shall be widened to a total width of 30-feet. Five-feet of landscaping shall be added to either side in accord with the pathway landscaping standards of UDC 11-3B-12. The applicant shall also coordinate with the Meridian Fire Department on any specific design requirements. M. Open Water Ponds (11-3G-3B.8) An irrigation pond is proposed on Lot 5, Block 1. Aesthetically designed open water ponds may comprise up to 25% of a required open space area. The proposed pond currently measures at approximately 27% (2,400 square feet of the 8,800 square foot lot) and shall be modified to reflect UDC standards. All ponds with a permanent water level are required to have recirculated water and be maintained such that it doesn’t become a mosquito breeding ground. N. Pressurized Irrigation System (UDC 11-3A-15): An underground pressurized irrigation (PI) system is required to be provided for each lot within the development. The current proposal depicts the PI pump station within a common lot (Lot 5, Block 1). O. Storm Drainage (UDC 11-3A-18): An adequate storm drainage system is required in all developments in accord with the City’s adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. P. Fencing (UDC 11-3A-6, 11-3A-7): Fencing is proposed within the development as depicted on the landscape plan. Six-foot tall closed vision fencing is proposed at the rear of building lots along the perimeter of the subdivision and adjacent to an existing church and subdivision to the north and Montessori school to the west. Four-foot solid vinyl fencing is proposed along the emergency access to W. Cherry Lane and to the common lots in the subdivision, in compliance with UDC standards. Meridian City Council Meeting Agenda September 24, 2019 – Page 14 of 69 Page 10 Q. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual): Conceptual building elevations were submitted for the future homes within this development. Building materials consist of stucco, hardy plank and board-and-batten siding with some stone accents (see Exhibit VII.F). Because the rear and/or sides of two-story homes will be highly visible from the arterial streets (W. Cherry Ln. and N. Black Cat Rd.), staff recommends articulation is incorporated through changes in two(2) or more of the following: modulation (e.g. projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. VI. DECISION A. Staff: The legal description submitted with the annexation application shows the boundaries of the property contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The proposed gross density (4.7 units/acre) of the subdivision is slightly higher that that desired in LDR designated areas; however the applicant’s request for a “step up” in density is consistent with pending Comprehensive Plan FLUM changes and is consistent with existing subdivisions in the area. Common open space and site amenities are centrally located within the development and meet the minimum required standards. For these reasons, staff recommends approval of the proposed “step up” in density and the AZ and PP applications with the requirement of a Development Agreement per the provisions in Section VIII. B. Commission: The Meridian Planning and Zoning Commission heard these items on July 18, 2019. At the public hearing, the Commission moved to recommend approval of the subject AZ and PP requests. 1. Summary of Commission public hearing: a. In favor: Jane Suggs, applicant’s representative; Michael Pearson b. In opposition: none c. Commenting: William McEwen d. Written testimony: none e. Staff presenting application: Kevin Holmes f. Other Staff commenting: Bill Parsons; Caleb Hood 2. Key issues of public testimony: a. Increase of traffic at intersection of N. Black Cat Rd. and W. Cherry Ln. b. Lack of outreach by developer to property owner directly to the west. Meridian City Council Meeting Agenda September 24, 2019 – Page 15 of 69 Page 11 3. Key issues of discussion by Commission: a. Timing of ACHD improvements to nearby roads. b. Concern over requested “step-up” in density from R-4 to R-8. c. Fencing around the open irrigation pond located at the north end of subject property, Lot 5, Block 1. d. How access would function off N. Black Cat Rd. e. Future connection between proposed stub street (W. White Birch St.) to existing stub street in Burlingame Subdivision to the west. f. ACHD and the applicant entering into a cooperative development agreement for the intersection improvements. 4. Commission changes to Staff recommendation: a. Add condition that the applicant works with the neighboring property owner (Mr. McEwen) to the west to discuss the location of the stub street to his property. The applicant shall report to staff the results of the discussion prior to City Council. b. Add condition that the applicant work with staff to include safety measures around the irrigation pond located on the north end of the property, Lot 5, Block 1. 5. Outstanding issues for City Council: a. The Commission directed the applicant to work with the neighbor to the west to discuss the best location of the stub street. These discussions were held and the applicant has submitted a revised plat (Exhibit B) which moved the stub street farther to the south. After reviewing the revised plat staff recommends changes to the conditions of approval as follows: 1. DA provision 1b. and condition of approval No. 5: replace the reference to Block 2 and replace with Block 1; and 2. Modify condition of approval No. 4: The landscape plan included in Section VII.C shall be revised in accord with the plat, dated July 28, 2019, prior to Final Plat submittal as follows: 3. Incorporate revised conditions of approval from ACHD. Meridian City Council Meeting Agenda September 24, 2019 – Page 16 of 69 Page 12 VII. EXHIBITS A. Annexation and Zoning Legal Description and Exhibit Map Meridian City Council Meeting Agenda September 24, 2019 – Page 17 of 69 Page 13 Meridian City Council Meeting Agenda September 24, 2019 – Page 18 of 69 Page 14 Meridian City Council Meeting Agenda September 24, 2019 – Page 19 of 69 Page 15 Meridian City Council Meeting Agenda September 24, 2019 – Page 20 of 69 Page 16 B. Preliminary Plat (dated: 5/21/2019, revised 7/15/2019, revised 7/28/2019) Meridian City Council Meeting Agenda September 24, 2019 – Page 21 of 69 Page 17 C. Landscape Plan (date: 5/10/2019) Meridian City Council Meeting Agenda September 24, 2019 – Page 22 of 69 Page 18 Meridian City Council Meeting Agenda September 24, 2019 – Page 23 of 69 Page 19 D. Qualified Open Space Exhibit (7/17/2019) No longer included in open space calculations Emergency access revised to meet open space requirements, included in calculations Meridian City Council Meeting Agenda September 24, 2019 – Page 24 of 69 Page 20 E. Existing Home Exhibit Meridian City Council Meeting Agenda September 24, 2019 – Page 25 of 69 Page 21 F. Building Elevations Meridian City Council Meeting Agenda September 24, 2019 – Page 26 of 69 Page 22 Meridian City Council Meeting Agenda September 24, 2019 – Page 27 of 69 Page 23 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement (DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the preliminary plat, landscape plan and building elevations included in Section VII and the provisions contained herein. b. The existing home proposed to be retained on Lot 1, Block 2 shall hook up to City water and sewer service within 60 days of it becoming available as set forth in UDC 9-1-4 and 9-4-8. The street address of this home will change as a result of this development. c. The rear and/or sides of two-story homes on Lot 11, Block 1 and Lots 7, 9-22, Block 2 that are visible from the arterial street (W. Cherry Ln. and N. Black Cat Rd.) are required to incorporate articulation through changes in two (2) or more of the following: modulation (e.g. projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the public street. Single-story structures are exempt from this requirement. 2. The applicant shall work with the neighboring property owner (Mr. McEwen) to the west to discuss the location of the stub street to his property and potential future cross-access. The applicant shall report back to staff the results of the discussion prior to City Council. 3. The preliminary plat included in Section VII.B, is approved as shown. shall be revised as follows: a. Depict the City’s ten-foot multi-use pathway and record a public use easement adjacent to N. Black Cat Rd. and W. Cherry Ln. in accord with the Pathways Master Plan and Comprehensive Plan. b. Lot 8, Block 2 shall be widened to a total width of 30-feet, with five-feet of landscaping on either side of the emergency access in accord with the pathway landscaping standards of UDC 11-3B-12. Meridian City Council Meeting Agenda September 24, 2019 – Page 28 of 69 Page 24 4. The landscape plan included in Section VII.C shall be revised prior to Final Plat submittal as follows: a. Modify the proposed pond to comprise a maximum of 25% of Lot 5, Block 1 in accord with UDC 11-3G-38. All ponds with a permanent water level are required to have recirculated water and be maintained such that it does not become a mosquito breeding ground in accord with UDC 11-3G-3B.8. b. Modify the stormwater drainage system to allow for more useable open space in compliance with UDC 11-3G-3E. Stormwater swales shall be designed in accord with the standards in UDC 11-3B-11. Prior to the Commission hearing, the applicant should provide a detail of the swales to ensure there is adequate open space for residents to recreate. c. Depict the City’s ten-foot multi-use pathway and record a public use easement adjacent to N. Black Cat Rd. and W. Cherry Ln. in accord with the Pathways Master Plan and Comprehensive Plan. d. Modify the emergency access to include five-feet of landscaping on either side in accord with UDC 11-3B-12. e. The applicant shall coordinate removal of any existing trees with the City Arborist, Elroy Huff, at 208-888-3579 and include a tree mitigation plan with the final plat application. f. With the submittal of the final plat application, the applicant shall provide a detail of the proposed children’s play structure. g. Add four-foot vinyl fencing and an access gate to restrict access to the open irrigation pond located on Lot 5, Block. 5. Any remaining structures outside of Lot 1, Block 2 should be removed prior to signature on the final plat by the City Engineer. 6. Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC Table 11-2A-5. 7. Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11- 3A-15, UDC 11-3B-6 and MCC 9-1-28. 8. Comply with the sidewalk standards as set forth in UDC 11-3A-17. 9. Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 10. Construct storm water integration facilities that meet the standards as set forth in UDC 11- 3B-11C. 11. Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 12. Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. Meridian City Council Meeting Agenda September 24, 2019 – Page 29 of 69 Page 25 13. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 14. All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 15. The project is subject to all current City of Meridian ordinances. 16. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 17. The applicant shall have an ongoing obligation to maintain all pathways. 18. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 19. The applicant, property owner, and/or managing body shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11-3A-3. 20. No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 21. The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. 22. The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 23. The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 24. Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 1.2 The street address of the existing home that is to remain will be changed as part of the development process. 1.3 Applicant to extend water north in Puma Ave to connect with water main in White Birch Street (assuming they snapped the water main to the centerline instead of water line in White Birch). Show water in White Birch connect to existing water main in Black Cat (currently shows connecting to sewer, again probably just snapping to the wrong line in Meridian City Council Meeting Agenda September 24, 2019 – Page 30 of 69 Page 26 CAD). An 8-inch diameter water main shall also be required through Lot 8, Block 2 to connect the development to the existing water main in W. Cherry Lane. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. Meridian City Council Meeting Agenda September 24, 2019 – Page 31 of 69 Page 27 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for Meridian City Council Meeting Agenda September 24, 2019 – Page 32 of 69 Page 28 surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. Meridian City Council Meeting Agenda September 24, 2019 – Page 33 of 69 Page 29 C. FIRE DEPARTMENT http://weblink.meridiancity.org/WebLink8/0/doc/173143/Page1.aspx Meridian City Council Meeting Agenda September 24, 2019 – Page 34 of 69 Page 30 Meridian City Council Meeting Agenda September 24, 2019 – Page 35 of 69 Page 31 Meridian City Council Meeting Agenda September 24, 2019 – Page 36 of 69 Page 32 D. POLICE DEPARTMENT http://weblink.meridiancity.org/WebLink8/0/doc/173982/Page1.aspx Meridian City Council Meeting Agenda September 24, 2019 – Page 37 of 69 Page 33 Meridian City Council Meeting Agenda September 24, 2019 – Page 38 of 69 Page 34 E. SETTLERS IRRIGATION DISTRICT http://weblink.meridiancity.org/WebLink8/0/doc/172934/Page1.aspx F. NAMPA MERIDIAN IRRIGATION DISTRICT (NMID) http://weblink.meridiancity.org/WebLink8/0/doc/173963/Page1.aspx Meridian City Council Meeting Agenda September 24, 2019 – Page 39 of 69 Page 35 G. ADA COUNTY HIGHWAY DISTRICT (ACHD) http://weblink.meridiancity.org/WebLink8/0/doc/174253/Page1.aspx H. IDAHO TRANSPORTATION DEPARTMENT (ITD) http://weblink.meridiancity.org/WebLink8/0/doc/173131/Page1.aspx I. WEST ADA SCHOOL DISTRICT (WASD) http://weblink.meridiancity.org/WebLink8/0/doc/174251/Page1.aspx J. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) http://weblink.meridiancity.org/WebLink8/0/doc/173153/Page1.aspx K. CENTRAL DISTRICT HEALTH DEPARTMENT (CDHD) http://weblink.meridiancity.org/WebLink8/0/doc/173894/Page1.aspx Meridian City Council Meeting Agenda September 24, 2019 – Page 40 of 69 Page 36 IX. FINDINGS A. Annexation and/or Rezone Findings (UDC 11-5B-3.E) Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant proposes to annex and zone 8.79 acres of land for the development of single- family detached homes at a gross density of 4.7 units per acre. The Commission finds that the proposed map amendment complies with the provisions of the Comprehensive Plan if a “step up” in density is approved by the City Council as requested by the Applicant. (see Section VII above for more information). 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Commission finds that the proposed map amendment to the R-8 zoning district is consistent with the purpose statement for the residential districts as detailed in Section VIII above. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Commission finds that the proposed map amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the developer. Staff recommends that the Commission and Council consider any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Commission finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services within the City. 5. The annexation is in the best of interest of the City. The Commission finds annexing the subject 8.79 acre property is in the best interest of the City if the development complies with the development agreement provisions and conditions of approval in this report. B. Preliminary Plat Findings (UDC 11-6B-6) In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008); The Commission finds that the proposed plat is in conformance with the Comprehensive plan if the development complies with the development agreement provisions and conditions of approval in this report. (Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information.) Meridian City Council Meeting Agenda September 24, 2019 – Page 41 of 69 Page 37 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The Commission finds that public services are available and are adequate to serve the proposed development. (See Section VIII.B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the Commission finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Based on comments from public service providers (i.e., Police, Fire, ACHD, etc.) in Section VIII, the Commission finds there is public financial capability of supporting services for the proposed development. (See Section VIII for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and The Commission is not aware of any health, safety, or environmental problems associated with the platting of this property that should be brought to the Council’s attention. ACHD and ITD considers road safety issues in their analysis. The Commission recommends that the Council consider any public testimony that may be presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems. 6. The development preserves significant natural, scenic or historic features. The Commission is unaware of any significant natural, scenic or historic features that exist on this site that need to be preserved. Meridian City Council Meeting Agenda September 24, 2019 – Page 42 of 69 Millbrae Subdivision Meridian City Council September 24, 2019 E IDANI?-- CITY COUNCIL REGULAR MEETING AGENDA September 24, 2019 Agenda Item Number: 7 D Item Title: Public Hearing for Hands Free Driving Ordinance Meeting Notes: C�nI;��PJ fa �o oar/� I TEM SHEET C ouncil Agenda I tem - 7.D. Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for Hands F ree Driving Ordinance C lic k Here to S ign Up to Tes tify at Hearing C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate P roposed Ordinance Ordinance 9/18/2019 Morgan Keating P ublic Testimony 9/24/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 9/20/2019 - 1:02 P M Meridian City Council Meeting Agenda September 24, 2019 – Page 61 of 69 9/24/2019 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 9/24/2019 Hearing Type: Council Item Number: 7-D Project Name: Public Hearing for Proposed Hands Free Driving Ordinance Project No.: Active: Signature Name Address City -State- Zip For Against Neutral I Wish To Testify Sign In Date/Time Bryan 4647 N Tipton Avenue 9/24/2019 X X Leisle Meridian 83646 3:37:34 PM 9/24/2019 Jim Nunley 2767 west willard street X X 6:00:19 PM Go Back To List I Export To Excel © 2019 - City of Meridian, Idaho http:Hi nternalapps/SIGN INFORM TOOLS/Si gnlnForm Detai Is?id=326 1/1 ORDINANCE ADDING SECTION 7-1-14 PAGE 1 CITY OF MERIDIAN ORDINANCE NO. 18-1852 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER AN ORDINANCE ADDING MERIDIAN CITY CODE SECTION 7-1-14, PROHIBITING THE USE OF HANDHELD ELECTRONIC MOBILE DEVICES WHILE OPERATING A VEHICLE; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, distracted driving adversely impacts public safety by contributing to traffic accidents, injuries, and fatalities; WHEREAS, the use of handheld electronic mobile devices while operating a vehicle is a cause of distracted driving; and, WHEREAS, an ordinance prohibiting the use of handheld electronic mobile devices while operating a vehicle would reduce distracted driving and enhance public safety; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That section 7-1-14 is added to the Meridian City Code as follows: 7-1-14: USE OF HANDHELD ELECTRONIC MOBILE DEVICES: A. For purposes of this section, the following terms shall be defined as follows: 1. Handheld Mobile Electronic Device. Any handheld or portable electronic device capable of receiving, producing, displaying, or providing wireless data or voice communication, including a cellular telephone; broadband personal communication device; two-way messaging device; text messaging device; pager; personal digital assistant; laptop computer; computer tablet; stand-alone computer; portable computing device; mobile device with a touchscreen display that is designed to be worn; electronic games; equipment that is capable of playing a video, taking photographs, capturing images or recording or transmitting video; and any similar device that is readily removable from a vehicle and may be used to write, send or read text or data or capture images or video through manual input. “Handheld mobile electronic device” shall not include a radio designed for the citizens band service or the amateur radio service of the Federal Communications Commission or a commercial two-way radio communications device. 2. Operate. Driving or occupying the driver’s position of a vehicle in motion upon a public road, street, or highway. 3. Parked. The standing of a vehicle, whether occupied or not, other than temporarily for the purpose of and while actually engaged in loading or unloading property or passengers. “Parked” shall not include a vehicle stopped in a lane of traffic due to a traffic control device, traffic congestion, or conditions on the roadway. 4. Standing. The halting of a vehicle, whether occupied or not, other than temporarily for the Meridian City Council Meeting Agenda September 24, 2019 – Page 62 of 69 ORDINANCE ADDING SECTION 7-1-14 PAGE 2 purpose of and while actually engaged in receiving or discharging passengers. “Standing” shall not include a vehicle stopped in a lane of traffic due to a traffic control device, traffic congestion, or conditions on the roadway. 5. Vehicle. Any vehicle as defined in Idaho Code title 49, chapter 1. B. It shall be unlawful to operate a vehicle within the city while using a handheld mobile electronic device. This provision shall not apply to: 1. Use of a handheld mobile electronic device in a voice-operated or hands-free mode, where the operator of the vehicle does not hold or manually operate the device, except to activate or deactivate the voice-operated function of the device. 2. Use of a navigation feature on a handheld mobile electronic device, provided that the operator of the vehicle does not hold or manually enter information into the device, except to activate or deactivate the navigation feature on the device. 3. Use of a handheld mobile electronic device to report an emergency to a law enforcement agency, fire department, health care provider, or other emergency services provider. 4. An operator of a vehicle that is parked or standing. 5. A peace officer, firefighter, paramedic, emergency medical technician, or other public safety first responder during the performance of that person’s official duties. 6. A public utility employee or contractor acting within the scope of that person’s employment while responding to a public utility emergency. Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 3. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho this ____ day of August, 2019. APPROVED by the Mayor of the City of Meridian, Idaho, this ____ day of August, 2019. APPROVED: ATTEST: __________________________________ ________________________________ Tammy de Weerd, Mayor Chris Johnson, City Clerk Meridian City Council Meeting Agenda September 24, 2019 – Page 63 of 69 ORDINANCE ADDING SECTION 7-1-14 PAGE 3 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 19-1852 An ordinance adding Meridian City Code section 7-1-14, prohibiting the use of handheld electronic devices while operating a vehicle; adopting a savings clause; and providing an effective date. A full text of this ordinance is available for inspection at Meridian City Hall, 33 E. Broadway Avenue, Meridian, Idaho. This ordinance shall be effective upon its passage and publication. ____________________________________ City of Meridian Mayor and City Council By: Chris Johnson, City Clerk First Reading: _________________ Adopted after first reading by suspension of the rule as allowed pursuant to Idaho Code § 50-902: YES_______ NO_______ Second Reading: ________________ Third Reading: _________________ STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 19-1852 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 19-1852 of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this ______ day of __________________, 2019. ____________________________________ William L.M. Nary, City Attorney Meridian City Council Meeting Agenda September 24, 2019 – Page 64 of 69 1 Chris Johnson From:Morgan Keating <morganjeanette1@gmail.com> Sent:Tuesday, September 24, 2019 12:23 PM To:Meridian City Clerk Subject:City Council meeting tonight, 9/24/19: a comment in support of proposed ordinance Dear City Clerk, Council, and Mayor, I am writing to express my support of the proposed Ordinance 19-1852: An Ordinance Adding Meridian City Code Section 7-1-14, Prohibiting The Use Of Handheld Electronic Mobile Devices While Operating A Vehicle. Please enact this ordinance- I believe it would create a climate of safety in Meridian that underscores our community's commitment to safety. Distracted drivers are not safe drivers. I experienced a similar ordinance while visiting Blaine County. Signage was clear and I was aware of my responsibility as a driver not to use my phone while driving. I'd welcome the same regulations here in Meridian! Sincerely, Morgan Keating Meridian Resident (83646) Meridian City Council Meeting Agenda September 24, 2019 – Page 65 of 69 EIDIAN,?-- �J CITY COUNCIL REGULAR MEETING AGENDA September 24, 2019 Agenda Item Number: 8 A Item Title: First Reading of Ordinance 19-1852 An Ordinance adding Meridian City Code Section 7-1-14. Prohibiting the Use of Handheld Electronic Mobile Devices while Operating a vehicle., Meeting Notes: Va('Jed ��M I TEM SHEET C ouncil Agenda I tem - 8.A . Presenter: Estimated Time f or P resentation: Title of I tem - F irst Reading of Ordinance 19-1852: An Ordinance Adding M eridian City Code Section 7-1-14, Prohibiting T he Use Of Handheld E lectronic M obile D evices While Operating A Vehicle; Adopting A Savings C lause; And P roviding An E ffective D ate. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate P roposed Ordinance Cover Memo 9/24/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 9/18/2019 - 6:43 P M Meridian City Council Meeting Agenda September 24, 2019 – Page 66 of 69 ORDINANCE ADDING SECTION 7-1-14 PAGE 1 CITY OF MERIDIAN ORDINANCE NO. 19-1852 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER AN ORDINANCE ADDING MERIDIAN CITY CODE SECTION 7-1-14, PROHIBITING THE USE OF HANDHELD ELECTRONIC MOBILE DEVICES WHILE OPERATING A VEHICLE; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, distracted driving adversely impacts public safety by contributing to traffic accidents, injuries, and fatalities; WHEREAS, the use of handheld electronic mobile devices while operating a vehicle is a cause of distracted driving; and, WHEREAS, an ordinance prohibiting the use of handheld electronic mobile devices while operating a vehicle would reduce distracted driving and enhance public safety; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That section 7-1-14 is added to the Meridian City Code as follows: 7-1-14 : USE OF HANDHELD ELECTRONIC MOBILE DEVICES: A. Forpurposesofthissection,thefollowingtermsshallbedefined asfollows: 1. HandheldMobileElectronicDevice. Anyhandheldorportableelectronicdevicecapableof receiving, producing, displaying, or providing wireless data or voice communication, includinga cellulartelephone;broadbandpersonalcommunicationdevice; two-way messaging device; text messaging device; pager; personal digital assistant; laptop computer; computertablet;stand-alonecomputer;portablecomputingdevice;mobile devicewitha touchscreendisplaythatisdesignedtobeworn;electronic games;equipmentthatis capableofplayingavideo,takingphotographs, capturingimagesor recordingor transmittingvideo;andanysimilardevicethatisreadilyremovable from a vehicleandmay beusedtowrite,sendor readtextordataor captureimagesorvideothroughmanualinput. “Handheldmobileelectronicdevice”shallnotincludearadiodesignedfor thecitizens bandserviceortheamateurradioserviceofthe FederalCommunicationsCommissionora commercial two-way radio communications device. 2. Operate. Drivingoroccupyingthedriver’spositionofavehicleinmotion uponapublic road, street, or highway. 3. Parked.Thestandingof avehicle,whetheroccupiedornot,otherthantemporarilyforthe purposeofand whileactuallyengagedinloadingorunloadingpropertyor passengers. “Parked” shall not include a vehicle stopped in a lane of traffic due to a traffic control device,traffic congestion,orconditionsontheroadway. 4. Standing.Thehaltingof avehicle,whetheroccupiedornot,otherthantemporarilyforthe Meridian City Council Meeting Agenda September 24, 2019 – Page 67 of 69 purpose of and while actually engaged in receiving or discharging passengers. "Standing" shall not include a vehicle stopped in a lane of traffic due to a traffic control device, traffic congestion, or conditions on the roadway. 5. Vehicle. Any vehicle as defined in Idaho Code title 49, chapter 1. B. It shall be unIqMU1 tooperate a vehicle within the city while using a haudfeld mobile electronic device. his 13rovision shall not gpply to: 1. Use of a handheld obile electronic device in a voice-operador hands-free mode, where 2. icle does not hold or of the vehicle does 3. Use of a handheld mobile electronic 4. An operator of a vehi 5. A peace officer, firefi R1 feature ofi the is device, provided that the E thin tike scone of that person' while responding to a publWutility emergency. Section 2. That all ordinan es, resolutions, orders, or parts\thenct with this ordinance are hereby voided. Section 3. That this o inance shall be effective immediateand publication. PASSED by the C' Council of the City of Meridian, Idahe �. 2019. APPROVED b the Mayor of the City of Meridian, Idaho,., 2019. APPROVED: ATTEST: Tammy de Weerd, Mayor ORDINANCE ADDING SECTION 7-1-14 PAGE 2 Cluis Johnson, City Clerk ORDINANCE ADDING SECTION 7-1-14 PAGE 3 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 19-1852 An ordinance adding Meridian City Code section 7-1-14, prohibiting the use of handheld electronic devices while operating a vehicle; adopting a savings clause; and providing an effective date. A full text of this ordinance is available for inspection at Meridian City Hall, 33 E. Broadway Avenue, Meridian, Idaho. This ordinance shall be effective upon its passage and publication. First Reading: Adopted after first reading by suspension of the rule as allowed pursuant to Idaho Code City of Meridian § 50-902: YES NO Mayor and City Council By: Chris Johnson, City Clerk Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 19-1852 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 19-1852 of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this day of , 2019. William L.M. Nary, City Attorney Meridian City Council Meeting Agenda September 24, 2019 – Page 69 of 69 ORDINANCE ADDING SECTION 7-1-14 PAGE 2 purpose of and while actually engaged in receiving or discharging passengers. “Standing” shallnotincludeavehiclestoppedinalaneoftrafficduetoatraffic controldevice,traffic congestion, or conditions on the roadway. 5. Vehicle.Anyvehicleas definedin IdahoCodetitle49,chapter1. B. Itshallbeunlawfultooperate avehicle withinthecitywhileusingahandheldmobile electronic device. This provision shall not apply to: 1. Use of a handheld mobile electronic device in a voice-operated or hands-free mode, where the operator of the vehicle does not hold or manually operate the device, except to activate ordeactivatethevoice-operated functionofthedevice. 2. Useofanavigationfeatureonahandheldmobileelectronicdevice,providedthatthe operatorof thevehicledoesnotholdormanuallyenterinformationintothedevice, except toactivateor deactivate the navigation feature on the device. 3. Use of a handheld mobile electronic device to report an emergency to a law enforcement agency,firedepartment, healthcareprovider,orotheremergencyservices provider. 4. Anoperatorofavehicle thatisparkedorstanding. 5. Apeaceofficer, firefighter,paramedic, emergencymedicaltechnician,or otherpublic safety first responder during the performance of that person’s official duties. 6. A public utility employee or contractor acting within the scope of that person’s employment while responding to a public utility emergency. Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 3. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho this day of August, 2019. APPROVED by the Mayor of the City of Meridian, Idaho, this day of August, 2019. APPROVED: ATTEST: Tammy de Weerd, Mayor Chris Johnson, City Clerk Meridian City Council Meeting Agenda September 24, 2019 – Page 68 of 69 EIDIANC-- H� CITY COUNCIL REGULAR MEETING AGENDA September 24, 2019 Agenda Item Number: 10 Item Title: Amended on to Agenda: Executive Session per Idaho State Code 74-206 (1)(d). Meeting Notes: S -n x ; 38 ph-) 00--k- g s� p►" E IDIAN*,----- 0 I DAH CITY COUNCIL REGULAR MEETING AGENDA September 24, 2019 Agenda Item Number: 9 Item Title: Future Meeting Topics Meeting Notes: